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Expired SOL in Arizona but live in Florida now


Guest mikey
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Guest mikey

I posted this there but might get a faster response here....here goes:

I lived in Arizona as a resident while the entire time the credit card was in use. I stopped paying on it on May 2002 due to reasons unexplained here and continued living in Arizona the entire time of the Arizona statue of limitation of 3 years till it ran out. The expiration of the SOL was May 2005. After moving to Florida in July 2005, they filed in Nov 2005 and I went to a prehearing in Dec 2005 in which the attorney was unprepared at that time to defend my request for dismissal on expired SOL and requested time before resuming with a trial date and it has been left open (I sent them a defense of SOL in Feb as well explaining in full why it was not enforceable) and just now 6 months later got a letter stating they didnt think SOL would be applied in this case and are moving forward.

Well, I looked up FL statues and found this.....

Florida has an added statue on limitations....

Title VIII Chapter 95 Limitations...

Limitations of action; adverse possesion 95.10

Cause of action arising in another state. When the cause of action arose in another state or territory of the US or in a foreign country, and its laws forbid the maintenance of the action because of lapse time, no action shall be maintained in this state....

Since this card was entered into use in Arizona and never used in the state of florida while a resident here, the law of arizona concerning limitations of 3 years apply and may not be used in another state once the user moves. The absolute defense of expired SOL applied in AZ and should not be continued in FL..This is my understanding of the laws.

They also seem to think they can add on a year on top of the 4 year FL one...in which tolling is what I think they are referring to, is only if I were to leave this state pre-sol....

Anyways, I am using the expired SOL and also the FL statue that disallows the lapsing of SOL in another state to be enforced here...

Your thinking on this would be greatly appreciated....

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You have made a pretty good argument, imo.

At some point you will want to call the issue by moving for summary judgment based on the SOL. If the judge denies the motion be prepared to appeal it. Normally, you have a limited time to file a notice of appeal. Believe it or not, some judges hate applying the SOL as they feel it robs a litigant of his " day in court" and they like to force a compromise. So if your judge denies your motion, appeal it as soon as you can as you may get an appellate court to see the logic of the statute. Also, I don't know how old the FL law is, but you may want to see if there is case law associated with it. You may find a similar fact pattern.

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Guest mikey

sorry for repeated posts...wasnt sure which forum would reply faster..seems this one did..thx

as for the statue i listed...it is 2005 (not sure 2006 is in the books yet) but has been in the fla books each year.

i did ask the judge at the pretrial for dismissal based on sol but was just given a trial at a later date. i understand also i may have the right to abitration. would it be better there? i dont mind going to court if i have a case. i will try and read your post again and see if i understand what i am suppose to ask for..thx for fast reply

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The following is NOT from a decison, rather from a supplemental brief filed in a Florida Supreme Court Case, Sullivan v. Sullivan. But the text is good reading and could lead to some relevant case law to support your position.

The Fourth DCA below found that Florida's statute of

limitations must be applied to this case because Florida's

"borrowing statute" (Section 95.10) requires it, even though the

cause of action arose in Georgia. The Fourth DCA cited and

followed the Third DCA's decision in Rodriauez v. Pacific

Scientific Co., 536 So2d 270 (Fla. 3d DCA 1989) holding that the

statute of limitations of the forum state must be applied except

when there is a shorter limitations period in the state where the

tort occurred.

However, very recently the Second DCA expressly disagreed

with this, certified a conflict with Rodricuez, supra, and

certified a question to this court as to whether the llmost

significant relationship" test should determine which state's

statute of limitations applies. See Robinson v. Merkle, 700 So2d

723 (Fla. 2d DCA 1997).

The Second DCA is clearly correct in finding that

Florida's tlborrowing statuteIt means nothing more than what it says,

and that the llmost significant relationshipn test should otherwise

be applied to a choice of law/statute of limitations issue.

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Guest mikey

I have read your post and appreciate it very much....but is there a way you can explain it in laymans term...please. i would like to be able to explain myself in front of the judge when i need too....thx again

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Guest mikey

:D

I just did a google search and found the rodriguez case and read it all...though it had alot of stuff i had to read over and over, it eventually said that i had a case and should win. i want to thank you so much for your help. i hate to use law to avoid paying a debt i caused, but i have no ability to pay back the debt and apparently they didnt need the money so bad that they waited years to come after it. the amount is so little, but large enough that i can not afford it. i cant even afford paying for legal advice but very much appreciate all the help i get on this from here. i feel alittle better and i hope all works well in court. if anyone wants, i will come back and let everyone know how it turned out. if there is anything else anyone can provide, please feel free to do so. it appears i will have a litle time before i go to court. btw, i noticed that i could have filed with the court after 6 months for a sppedy trial in which the plantiff would have had 30 days to file for date or dismissed. it must have been why they finally sent me a letter 6 months later. i want to get this over with. thx again :)

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