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SOL Question


justgettingstarted
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I am sorry if this is in the wrong forum.

As for SOL's I am under the under standing that the SOL is for the state you live in. My question is I currently live in Kansas were the SOL is 4 years. I will be relocating to a state where the SOL is 6 years. Does the SOL change to 6 years when I move? If I send a C&D letter to them while I live in Kansas do they have to abide by it when I move?

Everyone on here is great and I appreciate all the assistance

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Guest mikey

They can sue in what ever state you reside and use their SOL. If it is expired where you live now and not in the state where you are moving, look to see if they have a limitation statute that protects you from being sued because the sol expirred in the former state you entered and the tort occurred.

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  • 3 weeks later...

If the SOL has already run, I think you can make a good case for it staying expired in the new state. For example, suppose I took out a loan for a car, and defaulted on it in March of 2001.

In March of 2006, the Florida SOL has run. In September of 2015, I move to Ohio and the bank sues me for the balance in February of 2016, one month shy of ten years after the Florida statute has run. I think one could make a good case for the Florida SOL being the controlling statute.

2 The C&D is still in effect if you move.

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