Sued in a state where the debt was not made

[jcro]

Scenario: A person signs loan papers in state A. Person has hard economic times and said loan goes into charg-off

Person Moves after chargeoff to state B and the OC has an office/branch in same city as this person lives.

OC files a suit in the city where this person now lives or they just try to continue to collect without filing suit.

What Sol, collection laws and civil code apply to this: The ones of state A or state B?

If the OC "transfers" the file to the office in state B, is that even a proper venue if they tried to bring it into court?

[divemedic]

State B. Read the stickys please.

[kevin3344]

I'm no lawyer, but as far as I know, they can only sue you in the locality where you live. For example, the SOL in NY is 6 years. If you move to FL after 3 and then move back after a year, the SOL picks up again for another 3 years. In other words, it is suspended for the time you are out of the state.

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Edited September 9, 2011 by kevin3344

[KentWA]

Usually the SOL time limit is based on where you are currently located, however there is at least one exception I have heard of. I believe in Florida if the prior state SOL is shorter than the Florida SOL then the shorter one applies. There may be other states where this applies, you would have to read the state laws.

[LadynRed]

I believe in Florida if the prior state SOL is shorter than the Florida SOL then the shorter one applies. There may be other states where this applies, you would have to read the state laws.

Yes, its called the 'borrowing statute' and some other states DO have it.

The FDCPA says they can sue you in the state where you entered into the agreement, OR, where you live NOW. Usually they'll sue you where you live because then they don't have to go thru the process of moving a foreign judgment to your current state to enforce it.