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SOL of debt


grad58
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I'll take a crack at this - someone will let me know if I'm wrong.

You open an account in one state then move to another. The SOL's of both states can technically be used depending on where the Lender or JDB chooses to sue you (IF they sue you).

Because of cost and convienance a majority of suits are filed in the current state/county the Consumer lives in.

The Lender/JDB also has the option of starting litigation in the state the account started. This tends to be more costly as they would also have to domesticate any judgement received to the state the Consumer now lives.

if you move to another state and the sol's are lower than the previous state. what state do you go by for expiring.

So as per my explination, either. Use the SoL of the state they sue you in.

Did I make any errors in this explination? Let me know, thanks!

StressPot

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Stress Pot did great!!

Its the state you live in now.. they will sue you there.. it CAN happen where they can sue in a state where you used to live but I have had two laywers said its never happened as far as they know.. its just too complicated and expensive to do it this way

wouldnt make sense to do that.. if you live in FL and you used to live in NV.. they can't expect you to go to NV and they cant sue you in FL using NV law, otherwise the judge would have to know all the laws for all the states.. bascially it makes NO sense.

So where ever you live now the law applies.. KEEP IN MIND if you move back to your old state and the SOL is longer.. you could toll that (freeze it) so when you move back then can sue there.. but again rarely happens

but if you are leaving Ohio they have the LONGEST SOL in the world.. (okay the US) 15 years. if you move to lets say NC (which all of you seem to be doing, LOL) it is three years that is the SOL you go by.

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