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Kay Jewelers is suing me in another state and I'm not sure how to proceed. Any advise is much appreciated. Below is the breakdown of what happened.
2006 left parents home in FL and moved to NY.
2008 I opened a Kay Jewelers account in NY.
2009 I defaulted in NY for about $1600.
2012 I moved from NY to DC and Kay Jewelers coudn't find me.
2013 (Sept 30) Kay filed a law suit and they tried to serve papers to my mother's house on 10/9. Somehow they think I'm in Florida. Though I've never lived in Florida ever since I left in 2006.
Now the SOL for NY is 6 years, FL is 6 years and DC is 3 years. I would think since I live in DC that they can't sue me in FL and it's pass 3 years. Is this possible? What should I do? I can't go to court in Florida. I was able to find the case number but I can't view any of the documents. Do I send a letter to Kay? I just don't want to ignore it and then have a judgement.
Any help is much appreciated.
Me personally I would seek legal advise from a consumer attorney.
There is a gray area in there, as advised by daBears, you might need to seek legal advice on this one.
You said they "tried" service. I don't know NY law, but you'd want to find out if they actually handed the papers, left them at the door, etc. Use that info in a discussion with an attorney. If there was proper service, you'd want to work with an attorney/paralegal to have the venue changed. You'd also want to work with them in reviewing DC law to see if DC allowed out-of-state SOL to be tolled within the District.
They are allowed to sue past SOL, but you'd use SOL as a defense in court.
Are you beog sued directly by the OC, or via a debt collector?
If by a debt collector, the FDCPA provides specific authority to bring legal action in either the jurisdiction where the contract creating the debt was signed, or in the current jurisdiciton of residency of the consumer.
The relevant SOL at trial would be that of the jurisdiction of the trial court, so the issue appears to be where they have legitimate venue to bring legal action.
The issue of expiration of SOL needs to then be raised with and determined by that court.
If the court, wherever it may be, has accepted the case and notice has been served, you definately need to address the issue of jurisdiction with that court.
I would absolutely consult an attorney.