Bi Business

%#@%^....I think I just opened the SOL gates of hell.

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Had a collection that originated in 2004 in MD. The SOL was 3 years, so 2007 came and went with no suit.

Now, I live in a state where the SOL on a written contract is 6 years. If they can bring suit here, they're covered clean up to 2010.

Question: can they sue me in the state I currently live in when the contract was formed in MD and is past that 3 year SOL?

-BB

UPDATE: 10/24

They validated by providing me with a signed copy of the lease. Is there any way I can get this temporarily deleted? I just need it off long enough to apply for a new apartment. I tried disputing with the credit bureaus, but no luck so far.

Thanks guys!

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That could be tricky. You'd have to really check into the SOL laws in both states. Some states have a borrowing statute that allow you to use the shorter SOL from a previous state.

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I'm sure they can.

How many people have we seen on here feeling safe because they moved to a state with a shorter SOL period, knowing that if they get sued they can use their current state's SOL as a defense?

Why wouldn't the opposite also hold true?

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Hang on now -- 1 question - did you leave MD BEFORE the SOL ran out - or after ???

If you left the state AFTER the SOL had already expired, it cannot be revived - not even with a 'borrowing' statute.

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Hang on now -- 1 question - did you leave MD BEFORE the SOL ran out - or after ???

If you left the state AFTER the SOL had already expired, it cannot be revived - not even with a 'borrowing' statute.

That's what I thought! I was trying to find exact documentation stating that before posting to this thread.

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That's what I thought! I was trying to find exact documentation stating that before posting to this thread.

The kind of documentation you would need on that (appellate case law) is likely to be fairly sparse for a couple of reasons.

1. Creditors wouldn't want to appeal their losses on cases like that because appellate case law would set the adverse precedent in stone.

2. Appellate courts are likely to issue very short "per curiam affirmed" opinions on things like that that aren't terribly arguable.

If there's no cause of action pending against you when you move and none could successfully be filed, the jurisdiction you moved to shouldn't recognize one either.

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The laws or statutes usually apply to the state in which the agreement was made, or signed for. Check for contract law in the state in which you made any agreement. The only thing that would change that is any disclaimers or addendums written into the original contract or agreement.

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