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Out of state debts

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I currently live in NC, after moving from NY. I have a couple of old debts there from 5 years ago. While the SOL is 6 years in NY, it's only 3 here - and there are no wage garnishments, except for taxes and stuff like that. Consumer garnishments are not allowed in NC.

Can someone sue me for debts incurred in NY, and try to collect them here? Would they have to serve me with papers from a local court in order to get a judgement?




Edited by kevin3344
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IF they sue you, per the FDCPA, they CAN sue you either where the contract was entered into (NY), or where you reside now (NC). They CAN sue you, in NY, but it would be unenforceable in NC until the MOVE the judgment to NC. Then they can only use NC law to enforce collection.

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And then if they sue you in NY you could probably get them sanctioned for improper venue.

I know in Indiana you have to sue in the county where the defendant RESIDES... so if you lived in NC.. they sued you in IN.. you could cite wrong venue.

So that is something you should ALWAYS check with when changing states... what proper VENUE is in that state.

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