jagar Posted July 6, 2013 Report Share Posted July 6, 2013 Hello everyone.. I moved from a state that has a 6 year SOL to a state with a 4 year SOL. So what happens if someone tries to sue me on a debt that's 5 years old? Link to comment Share on other sites More sharing options...
willingtocope Posted July 6, 2013 Report Share Posted July 6, 2013 Each state has their own SOL law...so it depends on which states you're talking about. Some states have 'tolling" provisions, which means that the time period stops when you leave the state, but starts up again if you return. Others have a 'borrowing" provision which means they borrow the SOL from the state in which the debt occured. And, some debts have provisions in their contracts which say things like "this contract will be governed by the laws of' some entirely different state. Not an easy question to answer...but, if I was in your position, and sued...I'd claim an affirmative defense using your current state law, and let the court sort it out. Link to comment Share on other sites More sharing options...
shellieh98 Posted July 6, 2013 Report Share Posted July 6, 2013 I think you have to be a resident of the new state for the new states SOL to apply to you. So check your states rules, and see how long you have to live there to be considered a perm. residnet. Some states it is 6 months, some states it is 1 year. Then the new SOL should apply to you. Link to comment Share on other sites More sharing options...
admin Posted July 6, 2013 Report Share Posted July 6, 2013 If they sue you it will have to be in your current state so the new statue of limitations will apply. The 4 year one. Link to comment Share on other sites More sharing options...
TomnTex Posted July 6, 2013 Report Share Posted July 6, 2013 Some states like Montana say that you become a permenant resident the moment you move in untill the day you move out. Link to comment Share on other sites More sharing options...
momof5 Posted July 15, 2013 Report Share Posted July 15, 2013 Also, FL specifically states that FL SOL applies unless prior state's SOL is shorter! Link to comment Share on other sites More sharing options...
jagar Posted July 19, 2013 Author Report Share Posted July 19, 2013 Thank you for the advice.. I will check on Texas SOL for becoming a resident.. I know for Bankruptcy laws it's 3 years..I'm not filing bankruptcy but I did check it out at one point.. Link to comment Share on other sites More sharing options...
CordusAdmin Posted July 19, 2013 Report Share Posted July 19, 2013 @jagar - we do try to keep this page current - here is a state listing of SOL on debt. http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml Link to comment Share on other sites More sharing options...
admin Posted July 22, 2013 Report Share Posted July 22, 2013 I don't think residency matters - it depends on the state you are suing in. Also if the credit card agreement has a clause stating that the laws governing the agreement are in Delaware, for instance, and your state has a borrowing statute, you could be looking at a 3 year SOL. Link to comment Share on other sites More sharing options...
VADebtor Posted July 22, 2013 Report Share Posted July 22, 2013 Over ten years ago when moved to Texas I looked in to the TX rules and as best I can recall, to assert TX SOL you had to have been a resident for six months. Link to comment Share on other sites More sharing options...
Recommended Posts