Out of State SOL

[Anonymous]

In researching my state's (CO) SOL, I came across this provision in the statute:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state"

If I am understanding this correctly, if the action occured in another state that has a longer SOL, then my state's SOL supercedes, right? 

Thanks!

[Anonymous]

Bump!

[Anonymous]

A Creditor has the right to file suit in the state where you live OR where you lived when you applied for the credit!!!!

They usually file in the state that  you live  BUT  they can file in the other state......

If the amount owed is big enough....you better believe that IF they file it will be in the state with the longest SOL.

If you moved from NY where the SOL is 6 years and this is where you applied & received your CC........then you moved to Ca. where the SOL might be 4 years.    OK

You receive a summons to appear for a judgment on that CC in NY.......can you afford to fly to NY and be at that hearing OR pay an attorney to be there for you.

Also tolling comes into play....some states have it & some do not!