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Just Wondering Why SOL is Not the Same Everywhere


RSB
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On a side note, I like the SOL in NC 3 and 3. :)

I love our 3 and 3 and no garnishment in our state except taxes and child support... I can live with that.... lol

Our laws while not perfect seem to have some teeth..especially the SOL I have noticed they tend to take it seriously. There is some dispute on bringing a case after an SOL has run but I had a lawyer tell me recently that is in fact considered a violation of they sue after the fact (she gave me the statute I have it here someplace).

We also are not a community property state.. however we are an equitible distribution (meaning if you are married, divorce you still get half) but the nice thing about non community property is that you can't go after a spouses bank account if the judgement is for one of you (joint yet.. individual no).. not to mention the Oceans and the mountains are gorgeous :)

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If you live in a different state than the OC/CA, which SOL applies? Yours or theirs? If there's a different SOL in their state can they still continue to pursue even if it's out of SOL in yours?

I believe they have to sue you in the state the debt was created or your current state and they can't pick the one with the longest SOL. Even if it's past the SOL they can continue to try and collect, but they can't report it and they can't sue. If they do sue, you have an affirmative defense. TIME-BARRED.

Good Luck!

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True for Texas... not sure for NC.

what do you mean.. the women and the mountains are JUST as gorgeous here.. lol... (texas has no moutains ;) )

OH you mean the SOL.. ;).. I think its six months here and honestly I am not sure if they really even enforce that since we seem to have more new residents every day :)

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If you live in a different state than the OC/CA, which SOL applies? Yours or theirs? If there's a different SOL in their state can they still continue to pursue even if it's out of SOL in yours?

Where the OC/CA is means NOTHING -unless they're in the same state you are.

Per the FDCPA, they can sue you where you entered into the agreement or where you live now. Yes, if you open a Macy's account in NY and go home to the Carolinas they could sue you under NY law, but I seriously doubt it would happen. Typically they will sue you where they can find you to serve you.

In mixed SOL situations, there is that 'choice of law' but I'd like to know how often that actually happens.

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W&A informed me that the MBNA arb. clause ("agreement") has the DElware choice of law provision. (so they can get higher attorney fees.

There was a case in WA that I referenced in another thread, Mackey vs. MBNA, in which the court in Seattle ruled that Delaware law was appropriet to apply, since MBNA is/was in Delaware.

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That would be rare.

Reality is that the vast majority of judges would simply state, I don't give a rats arse what the other state's laws are...I am using mine!

The OC/CA can choose to sue in the state where the debt commenced. They don't usually do that. Why? Because you will file a motion to dismiss based on inconvenient forum and no in personam jurisdiction. Motion would be granted and they will have to refile and serve you where you live.

MANY states have statutes that cover the "what happens when debt incurred out of this jurisdiction, but lawsuit here...." In FL, if debt was obtained outside this jurisdiction AND it is time-barred in that jurisdiction, the debt is time-barred in FL. If it is not time-barred in the prior jurisdiction and it is in FL...FL SOL prevails.

That is too cool! I found this when checking the FL statutes. One of my CAs is from SC as is the debt they are collecting. SC is 3 yrs. (Just like NC :)++ ) but FL is 4 yrs on an open acct. They can't get me here either. 8-)

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That would be rare.

Reality is that the vast majority of judges would simply state, I don't give a rats arse what the other state's laws are...I am using mine!

The OC/CA can choose to sue in the state where the debt commenced. They don't usually do that. Why? Because you will file a motion to dismiss based on inconvenient forum and no in personam jurisdiction. Motion would be granted and they will have to refile and serve you where you live.

MANY states have statutes that cover the "what happens when debt incurred out of this jurisdiction, but lawsuit here...." In FL, if debt was obtained outside this jurisdiction AND it is time-barred in that jurisdiction, the debt is time-barred in FL. If it is not time-barred in the prior jurisdiction and it is in FL...FL SOL prevails.

That is too cool! I found this when checking the FL statutes. One of my CAs is from SC as is the debt they are collecting. SC is 3 yrs. (Just like NC :)++ ) but FL is 4 yrs on an open acct. They can't get me here either. 8-)

That is too cool!

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Wow, it looks like Wisconsin is the same way!

893.07(1) - "If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state."

So if I am understanding this correctly, if the DOFD (on an account opened when I lived in Colorado) was 3.5 years ago, it is not actionable in Wisconsin even though the Wisconsin SOL is 6 years. (Colorado SOL is 3 years on open-ended accounts.)

BUT I need to also dig up old statements, etc. to find out exactly where my creditors are located, to find out what the SOL is in their state too, because they have the choice of whether to sue under my state of residence or their state of business.

Correct?

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