Jump to content

Sued in a state where the debt was not made


Recommended Posts

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?

Link to comment
Share on other sites

  • 3 weeks later...

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.

________

buttsex Cams

Edited by kevin3344
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.