angelandmi Posted March 19, 2007 Report Share Posted March 19, 2007 We moved to Washington state from Montana 2 yrs ago. Do we go by Washington SOL or Montana's SOL? Link to comment Share on other sites More sharing options...
kevin3344 Posted March 19, 2007 Report Share Posted March 19, 2007 (edited) According to the FDCPA, it's where the debt was incurred or where you live now. However, they must serve you where you live now, so you can use the SOL of your current state in your defense:(a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or ( in which such consumer resides at the commencement of the action. ________Tessica cam Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
olywa Posted March 21, 2007 Report Share Posted March 21, 2007 If you live in Wa go to your local county courthouse and/or look for the closest public 'law library' near you. A normal library is NOT a law library and NO they cannot order the books you will need...regardless of what the well-meaning librarian will tell you.I say county courthouse because most every county in WA has a public law library, that is typically housed within the county courthouse. If you're not sure about where you live...call the courthouse and ask.Go there and look (ask if you need help) for the series of books called WASHINGTON PRACTICE. They will be dark red and have about 30 different volumes...each dealing with a different legal issue. Find the book called GENERAL INDEX (it will be the only softcovered one).In the index you will find how to look up the answer to every legal question (with citations) you will ever want to know regarding law in WA...in plain english. The books also contain every form you will ever need also.I don't know where you live...but there are full law libraries at the following : Supreme court in Oly...go inside the big building across from the capitol steps. The UofW in Seattle. Gonzaga univ. law school.The supreme court and the univ of WA are YOUR PUBLIC LIBRARIES...use them. Many people are intimidated by a law library...and think they are for lawyers...THEY ARE FOR YOU. They are staffed with law librarians that get asked a question probably once in a millenium. If you have a question regarding where or how to look for something...ask them...you'll make their day. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Report Share Posted March 21, 2007 it is where you live now.... you are therefore considered a Montana resident. That is the SOL you go by Link to comment Share on other sites More sharing options...
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