SOL Question

[befranktome]

I am curious about something. Lets say someone lives in Fl. with a 4 year SOL, they continue to reside in Fl. until that SOL has expired on their debt. Then they move to another state that has a longer SOL, lets say, Tn which is 6 years. Would the debt then fall under the new state and extend the SOL an additional 2 years?

How would that work, would TN apply Fl law because the SOL expired there when the person lived there?

[Wiser Now]

Moving from one state to another is not always clear cut. In my opinion, once the FL SOL is expired, moving to a state with a longer SOL does not extend the SOL. But, that is just my opinion and the actual statutes of the two states will govern. Sometimes, it takes a judge to decide.

[nascar]

Moving from one state to another is not always clear cut. In my opinion, once the FL SOL is expired, moving to a state with a longer SOL does not extend the SOL. But, that is just my opinion and the actual statutes of the two states will govern. Sometimes, it takes a judge to decide.

I suppose that's true, but I'm not aware of any state that extends an expired SOL from another state.

[Wiser Now]

I suppose that's true, but I'm not aware of any state that extends an expired SOL from another state.

Nor am I. But, I am constantly amazed at the inconsistencies of state statutes.

[admin]

I suppose that's true, but I'm not aware of any state that extends an expired SOL from another state.

I think there IS a term for this, but right now can't remember what it is. Tolling?

[befranktome]

Florida has the tolling issue if you move from the state, but that would only apply if you moved prior to the SOL expiring.

I only ask because I am considering moving to my daughters in TN if I loose my home when the balloon comes due. By then, the SOL would be up in Fl. but I do not want to put myself in the position of extending my problems by extending the SOL.

Just trying to have a plan in place if the worst happens.

[nascar]

From the Tennessee Code

28-1-112. Application of foreign statutes. —

Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a resident in such state or such government, the bar is equally effectual in this state.

[befranktome]

Thank You, thank you, thank you. I've been finding so much conflicting information on the internet, but this clears it up for me.

[fred_perkins]

I have a related question about a default judgement that was entered in 2004 in Tennessee without proper service -- never knew about it until recently when a NY atty sent a dunning letter to a P.O. Box that I maintain in NYC.

Since the particulars are a bit different, I started a new thread. Please check it out:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1006129&posted=1#post1006129