States with borrowing statutes

[shellieh98]

Helpful for those looking to borrow another states statute of limitations.

Thirty-eight states have borrowing statutes in effect. See

ALA. CODE § 6-2-17 (1975);

ALASKA STAT. § 09.10.220 (1983);

ARIZ. REV. STAT. ANN. § 12.506 (1982);

ARK. STAT. ANN. § 37-230 (1962);

CAL. CIv. PROC. CODE § 361 (West 1982);

COLO. REv. STAT. § 13-80-118 (1973);

DEL. CODE ANN. tit. 10, § 8121 (1974);

FLA. STAT. ANN. § 95.10 (West 1982);

HAWAII REV. STAT. § 657-9 (1976);

IDAHO CODE § 5-239 (1979);

ILL. ANN. STAT. ch. 83, § 21 (Smith-Hurd 1966);

IND. CODE ANN. § 34-1-2-6( (Burns 1973);

IOWA CODE ANN. § 614.7 (West 1950);

KAN. STAT. ANN. § 60-516 (1983);

Ky. REV. STAT. § 413.320 (1970);

LA. CIv. CODE ANN. art. 3532 (West 1953);

ME. REV. STAT. ANN. tit. 14, § 866 (1980);

MN. https://www.revisor.mn.gov/statutes/?id=541.31

MASS. GEN. LAWS ANN. ch. 260, § 9 (West 1959);

MICH. Corip. LAwS ANN. § 600.5861 (West 1968);

Miss. CODE ANN. § 15-1-65 (1972);

Mo. ANN. STAT. § 516-190 (Vernon Supp. 1984);

MONT. CODE ANN. § 27-2-104 (1983);

NEB. REV. STAT. § 25-215 (1979);

NEV. REV. STAT. § 11.020 (1979);

N.Y. CIV. PRAC. LAW § 202 (McKinney 1972);

N.C. GEN. STAT. § 1-21 (1983);

OKLA. STAT. ANN. tit. 12, §§ 104-108 (West Supp. 1983-1984);

OR. REV. STAT. § 12.260 (1983);

PA. STAT. ANN. tit. 42, § 5521 (Purdon 1981);

R.I. GEN. LAWS § 9-1-18 (1969);

TENN. CODE ANN. § 28- 1-112 (1980);

TEX. REV. Civ. STAT. ANN. art. 4678 (Vernon Supp. 1984);

UTAH CODE ANN. § 78-12-45 (1976);

VA. CODE § 8.01-247 (1984);

WASH. REV. CODE ANN. § 4.16.290 (1962);

W. VA. CODE § 55-2-17 (1981);

Wis. STAT. ANN. § 893.07 (West 1983);

WVo. STAT. § 1-3-117 (1983).

[BV80]

@shellieh98

 

Great information, Shellie.  But we need to check out these statutes.  For instance, the OR statute has been changed.  It's now 12.430.

 

Also, even if a state has a borrowing statute, we need to see how the courts in that state have ruled.   Delaware has a tolling statute that says if a party doesn't live in DE and can't be served a complaint, the SOL is tolled in DE.  If you never live in DE and can never be served, DE's SOL would be tolled forever.

 

A California court in Resurgence Financial v. Chambers ruled that because the defendant never lived in DE, to toll the SOL forever was unfair.  That court applied DE's 3-year SOL to the debt.

 

However, the OR Appeals Court ruled that DE's tolling statute did apply to the defendant's debt in CACV of Colorado, LLC v. Stevens.  They stated that since the debt would be permantly tolled because Stevens didn't live in DE, the OR SOL of 6 years was actually shorter.

 

But again, this is great information.  Posters can check out their statute and see how courts have applied it.

[nobk4me]

Ohio also has one:

 

http://codes.ohio.gov/orc/2305.03

[kraftykrab]

@shellieh98

 

Great information, Shellie.  But we need to check out these statutes.  For instance, the OR statute has been changed.  It's now 12.430.

 

Also, even if a state has a borrowing statute, we need to see how the courts in that state have ruled.   Delaware has a tolling statute that says if a party doesn't live in DE and can't be served a complaint, the SOL is tolled in DE.  If you never live in DE and can never be served, DE's SOL would be tolled forever.

 

A California court in Resurgence Financial v. Chambers ruled that because the defendant never lived in DE, to toll the SOL forever was unfair.  That court applied DE's 3-year SOL to the debt.

 

However, the OR Appeals Court ruled that DE's tolling statute did apply to the defendant's debt in CACV of Colorado, LLC v. Stevens.  They stated that since the debt would be permantly tolled because Stevens didn't live in DE, the OR SOL of 6 years was actually shorter.

 

But again, this is great information.  Posters can check out their statute and see how courts have applied it.

 

I'm a rookie here, but I came across a great case from Utah on the point of Delaware's tolling.  I actually found this info on this forum:

 

http://www.creditinfocenter.com/community/topic/315171-this-victory-is-golden-law-of-delaware-and-sol/

 

Great read....