genuwine Posted November 5, 2007 Report Share Posted November 5, 2007 I live in a state where the SOL for revolving account is 6 years. I have some accounts in collections that were charged off in 2004. In my current state the sol would run our in 2010. I may be moving to a state in a couple of months where the SOL is 3 years. My understanding is that when creditor brings a suit against a consumer they have to bring it in a jurisdiction where the consumer is located or where the merchandise is located. If the creditor does not file suit before I leave my current state. Legally what right will they have to sue me in another state where the SOL would have expired. If this question has been asked before can someone point me to the post. Thanks. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted November 6, 2007 Report Share Posted November 6, 2007 If you live in a six year state and move to a three year state.. the SOL for the three year state would stand.NOW if you go back to the six year state the SOL can be tolled (which means stopped from the time you were gone) and then start up again when you move back. however if you are not moving back you have no issues.ALSO you CAN be sued where you opened the account but I have yet to meet anyone who does this.. they sue where you currently reside.. otherwise a judge would have to know NY state law if you are moving to NC... so yes your three year SOL would be in effect once you establish you are a resident in your new state Link to comment Share on other sites More sharing options...
genuwine Posted November 6, 2007 Author Report Share Posted November 6, 2007 That is great to know as I will be leaving Ny and do not plan on returning. The creditors had almost 4 years to sue and it is not my fault that they didn't. Well actually two of them did sue me, but I put up some resistance and they sort of went away. One received a default judgment but I was able to get it vacated due to sewer service. The other one did not answer my request for admission and the judge deemed my the admissions admitted under NY law for not responding in the 20 days the rules allowed. I guess I will not have to face the others in court. All I will have to do is try to get them off my credit report. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted November 6, 2007 Report Share Posted November 6, 2007 LOL I have to ask , are you moving to NC?? Seems all my neighbors are from NY Link to comment Share on other sites More sharing options...
genuwine Posted November 9, 2007 Author Report Share Posted November 9, 2007 Virginia Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted November 9, 2007 Report Share Posted November 9, 2007 close enough Link to comment Share on other sites More sharing options...
nascar Posted November 9, 2007 Report Share Posted November 9, 2007 I guess I will not have to face the others in court. All I will have to do is try to get them off my credit report.After you have legally established residence in NC (in case you need to vacate another NY judgment after you move), send your creditors a notice that you have permanently moved and provide your new address. Keep proof that they received your notice. It might come in handy someday. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted November 9, 2007 Report Share Posted November 9, 2007 After you have legally established residence in NC (in case you need to vacate another NY judgment after you move), send your creditors a notice that you have permanently moved and provide your new address. Keep proof that they received your notice. It might come in handy someday.Oh yeah thats a good point... get your drivers license.. etc changed also as soon as you get to VA, especially since NY allows sewer service which means you could be sued and never know out there Link to comment Share on other sites More sharing options...
jp2861 Posted November 10, 2007 Report Share Posted November 10, 2007 What happens if you move out of the US to retire? Does the SOL continue in the last state you resided in or would it stop as of the date you departed? Link to comment Share on other sites More sharing options...
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