kevin3344 Posted April 5, 2005 Report Share Posted April 5, 2005 (edited) 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?Thanks.________Barby_latina Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
GreatGadsby Posted April 5, 2005 Report Share Posted April 5, 2005 yes they can sue you in North Carolina, and I believe the SOL that applies is the state you're in now... especially if they sue you there. you can't enforce NY law in a NC court. Link to comment Share on other sites More sharing options...
kevin3344 Posted April 5, 2005 Author Report Share Posted April 5, 2005 (edited) Thanks for the response.Oh ok, so that means if they're 5 year old debts, there's nothing they can do because the SOL is only 3 in NC. Are you sure it's not the SOL where the debt was incurred? Any website links I might look at?________CharmingBrook live Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
LadynRed Posted April 5, 2005 Report Share Posted April 5, 2005 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. Link to comment Share on other sites More sharing options...
kevin3344 Posted April 5, 2005 Author Report Share Posted April 5, 2005 (edited) Thanks. So it looks like the shorter SOL will help me here in NC, being only 3 years. The debts are over 5 years old, and that's well past the SOL.________Daisygirl Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
Guest Posted April 5, 2005 Report Share Posted April 5, 2005 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. Link to comment Share on other sites More sharing options...
kevin3344 Posted April 5, 2005 Author Report Share Posted April 5, 2005 (edited) You're right. I did some searching and it seems they have to sue you in your current locality, not where you lived before.________BeautyCHICK Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
workinninetofive Posted April 5, 2005 Report Share Posted April 5, 2005 I was sued in NYC... the contract was signed in KY. They did not sue me in my county.. so it was vacated. Link to comment Share on other sites More sharing options...
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