SOL when moving to another state with differing SOL

[Anonymous]

At one point I resided in MS and fell behind in payments on my automobile loan. In April 2007 was the last date the account was current and was repoed a while after that.  So, my question is MS has a three year SOL and in the meantime I have moved to AR which has a 5 year sol. Which states SOL do I fall under.  Also, I still maintain a PO Box in MS which was my mailing address. Any thoughts on the matter would greatly be appreciated.

[Anonymous]

The state you currently reside in is normally the state used for SOL.

[RobertEG]

This is a dense legal issue.  Some creditors, in their initial account agreements with you, attempt to specify that they may bring legal action in the state of their corporate domicile, the state of consumer residence upon contract, or the current state of consumer residence. How legal that is, when fed or state law differs, is a controversy.   Each state has its own civil code for litigation of civil actions, and those normally prevail.  Fed and state laws usually give them the right to select jurisdiction, unless superceded by specifcs in state law, as either the place of contract, or the place of current consumer residence. 

I wont offer advice.  That is why we have lawyers and courts. 

[Anonymous]

---

@Anonymous wrote:

The state you currently reside in is normally the state used for SOL.

---

Exactly.

I might add that it is important that one's creditor have their current, updated address in order to preclude them suing -- and obtaining a default judgment -- in the courts where one used to live. 

[MattH]

---

@RobertEG wrote:

This is a dense legal issue.  Some creditors, in their initial account agreements with you, attempt to specify that they may bring legal action in the state of their corporate domicile, the state of consumer residence upon contract, or the current state of consumer residence. How legal that is, when fed or state law differs, is a controversy.   Each state has its own civil code for litigation of civil actions, and those normally prevail.  Fed and state laws usually give them the right to select jurisdiction, unless superceded by specifcs in state law, as either the place of contract, or the place of current consumer residence. 

I wont offer advice.  That is why we have lawyers and courts. 

---

Here's an example of just how incredibly messy the question of jurisdiction can get, in a case that went all the way to the US Supreme Court:

http://books.google.com/books?id=-7KL49K693QC&pg=PA95&lpg=PA95&dq=jurisdiction+audi+texas+new+york&s...

[Anonymous]

---

@MattH wrote:

---

@RobertEG wrote:

This is a dense legal issue.  Some creditors, in their initial account agreements with you, attempt to specify that they may bring legal action in the state of their corporate domicile, the state of consumer residence upon contract, or the current state of consumer residence. How legal that is, when fed or state law differs, is a controversy.   Each state has its own civil code for litigation of civil actions, and those normally prevail.  Fed and state laws usually give them the right to select jurisdiction, unless superceded by specifcs in state law, as either the place of contract, or the place of current consumer residence. 

I wont offer advice.  That is why we have lawyers and courts. 

---

Here's an example of just how incredibly messy the question of jurisdiction can get, in a case that went all the way to the US Supreme Court:

http://books.google.com/books?id=-7KL49K693QC&pg=PA95&lpg=PA95&dq=jurisdiction+audi+texas+new+york&s...

---

Interesting, but a bit like apples and oranges.  Robinsons involves a tort and not consumer credit transactions.

With open-ended consumer credit transcations, 9.7 times out of 10 they have to sue you in the state in which you reside.