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moving and SOL

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Anonymous
Not applicable

moving and SOL

 

I wonder if anyone can clarify a few questions I still have.

 

1- what happens to SOL on debt if you move to a new state?

2- what happens to SOL of Judgemnet when moving to a new state? (will rules from original state stay in place/ or new state?)

 

also, I read mixed things about tolls on SOL if living out of the Country but i can't find any solid confirmation anywhere.

Is there anything writting down or for sure on living abroad and the effect it has on SOL? (like tolls).

 

Thanks so much.

 

 

Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: moving and SOL


@Anonymous wrote:

 

I wonder if anyone can clarify a few questions I still have.

 

1- what happens to SOL on debt if you move to a new state?

2- what happens to SOL of Judgemnet when moving to a new state? (will rules from original state stay in place/ or new state?)

 

also, I read mixed things about tolls on SOL if living out of the Country but i can't find any solid confirmation anywhere.

Is there anything writting down or for sure on living abroad and the effect it has on SOL? (like tolls).

 

Thanks so much.

 

 


AFAIK, only a few states have tolling statutes, I know that Florida is one. The SOL is essentially "frozen" when you leave the state, and then unfrozen when you return.

Message 2 of 7
Anonymous
Not applicable

Re: moving and SOL

thanks Norman.

 

I found dome writting on NJ tollin and i will include here. as far as I understand, if intend to fraud is found a tolling might apply ( it looks like it should brought up withing 4 years of fraud..or maybe 1 year..not sure) hope it helps others.

 

so, I moving residency to new state, will the noriginal SOL stay or will there be a switch to the new state rules? asking about bdebts and judgments.

 

thanks..

 

 

new jersey

 

The time periods vary depending upon whether the allegation is that the transfer was made with actual intent to defraud or whether the transfer is alleged to be constructively fraudulent as a result of the inadequacy of consideration and the debtor's poor financial condition at the time of the transfer. As to transfers involving allegations of actual fraud, a cause of action with respect to such a transfer is "extinguished" unless the action is brought within "four (4) years after the transfer was made or the obligation was incurred, or, if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant."6 It is this "tolling" provision which was a major focal point of the recent New Jersey cases.

Message 3 of 7
RobertEG
Legendary Contributor

Re: moving and SOL

The SOL that must be used by the court is the statute of their state.

If you move from state A to state B, then the creditor/owner must determine which state they are permitted to bring legal action, and then wihich state they choose to bring action.

 

If a debt collector, superceding federal statue (FDCPA 811) permits them, unless the debt is secured by real property, to bring legal action in either the state where the contract creating the debt was executed, or in the state of current residence of the consumer.

In most instances, they will elect the state of current residency of the consumer, thus avoiding the need, if they prevail, of getting the judgment from the prior state A accepted as being enforceable ("domensticated") in new state B.

 

Some states have "borrowing" provisions in their SOL, which incorporate certain provisions of a prior state A into their own statute.

The most common borrowing provision is acceptance of the period of state A if it is shorter than that of state B.  State B thus has incorported that provision into their own SOL.

Message 4 of 7
Anonymous
Not applicable

Re: moving and SOL

cool..what if state B has shorter SOL than state A?

 

 

Message 5 of 7
RobertEG
Legendary Contributor

Re: moving and SOL

Then state B will use its own period.

Message 6 of 7
Anonymous
Not applicable

Re: moving and SOL

found this..about new jersey

 

DEFENDANT’S ABSENCE FROM THE STATE The personal injury statute of limitations may be equitably tolled during the pendency of an action brought in a court that lacked personal jurisdiction over the defendant (Jaworowski v. Ciasulli, 490 F.3d 331, 336 (3d Cir. 2007)). Under New Jersey statutory law, the statute of limitations for certain claims will not accrue during the period that a defendant does not reside in New Jersey, if either: „ The defendant is not a New Jersey resident when the cause of action accrues. „ The defendant leaves New Jersey after the statute of limitations accrues, but before the statute of limitations expires. (N.J. Stat. Ann. § 2A:14-22 (2011).) The defendant’s absence affects the accrual date of various causes of action, including, but not limited to personal injury actions, non-sales contract actions, real property construction and improvement actions, civil actions brought by the state, and libel and slander actions (N.J. Stat. Ann. § 2A:14-22 (2011)).

Message 7 of 7
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