Established Member
PiggybackTuna
Posts: 23
Registered: ‎12-04-2008
SOL Question
If I physicaly signed a car  loan in North Carolinan  while I was living in South Carolina yet was living in North Carolina for over a year when I dfaulted on the loan wich states SOL wouldm apply?
Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
Re: SOL Question
Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
Re: SOL Question

Guiness is correct, read both state statutes.

 

Some states toll SOL when you move and some states will bar suit if it is time barred in the original state.

 

What state do you live in now?

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Established Member
PiggybackTuna
Posts: 23
Registered: ‎12-04-2008
Re: SOL Question

I live in Florida now

 

Established Member
PiggybackTuna
Posts: 23
Registered: ‎12-04-2008
Re: SOL Question

SECTION 15-3-30. Exceptions where defendant is out of State.

If when a cause of action shall accrue against any person he shall be out of the State, such action may be commenced within the terms in this chapter respectively limited after the return of such person into this State. And if, after such cause of action shall have accrued, such person shall depart from and reside out of this State or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.

 

 

The above statute is from South Carolina. Does this mean they can't sue me in South Carolina unless I return to South Carolina?

Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
Re: SOL Question

IMO, it means that the SOL period doesn't begin to run until you return.

 

 

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