Jump to content

can moving to a new state awaken old debt past SOL?


qbert
 Share

Recommended Posts

lets say hypothetically John Q. Public of California has a debt that he defaults on. California's SOL is of course 4 years. say John waits till after this 4 years has passed and then moves to Hawaii where SOL is 6 years. does the fact that the SOL ran out in california make a difference? sounds like old Johnny will be dealing with potential lawsuits until the end of those 6 years....

Link to comment
Share on other sites

Guest usctrojanalum

depends on whether the Courts in Hawaii view statute of limitations as procedural law or substantive law.  If the Courts in Hawaii view Statute of Limitations as a matter of procedure then if John Q was sued in Hawaii the longer SOL would apply.  

 

When you are in a Court and there are conflicts of law... the Court will follow it's own procedural practice, but substantive law they will import from another State.

Link to comment
Share on other sites

John Q. Public would be wise to research Hawaii's borrowing statute carefully. California's shorter SOL may apply, unless the Original Creditor is a resident of Hawaii, or the SOL has been tolled. Some borrowing statutes, like Michigan's, extend the state's longer SOL if the plaintiff (creditor) is a resident. If California's SOL expired before John Q. moved, and the plaintiff is not considered a resident, John Q. would have an affirmative defense in Michigan--if my experience is anything to go by.  Two JDBs argued for the longer SOL as procedural for the forum and lost. As a reminder, I'm not an attorney. 

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.