Looking at moving to another state- present state SOL, or am I SOL?

[phoenix02 4]

Hello all!

 

I have some credit debt that I defaulted on due to hard times back in 2010. I've successfully fought off a lawsuit from one creditor, have requested verification from others. Anyway, I still have this debt outstanding, and the SOL is up come October/ November of this year, living in California. I've been laying low waiting for the SOL, as it's coming so soon.

 

Now, we're looking at moving to another state, specifically, Tennessee. It looks like we're going to be moving next spring, so it'll be after the SOL in California. My question is, moving to Tennessee, with an SOL of 6 years, will everything open back up for 2 more years of collectible time on the debts, or since the debts were incurred and defaulted in California, with the SOL of CA still hold and I'll be "free?" 

 

I have since accrued no further significant debt, and even just opened a new $300 credit card to start rebuilding my credit, using it for a tank or two of gas and paying it off every month. I want to be out from under all this and move on, as I've not been able to have the money to pay it back, and don't think I will any time soon. In total, all my debts add up to around $10,000 or so after all the fees and penalties that have been tacked on- when I defaulted, it was all less than $5000. 

 

Thanks,

Phoenix02

[BV80 2,835]

@phoenix02

 

Here's a TN statute:

 

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.

 

That says that if the SOL passes while you're living in another state, it would be past the SOL in TN.

[phoenix02 4]

Woo-hoo! Thanks. I didn't know exactly where to find that. I really appreciate it, as this issue is one of the few concerns that was keeping me here.

 

Thanks so much,

Phoenix02

[Brotherskeeper 920]

@phoenix02

Another possibility: if this debt is a credit card with a contract choice of law from a state (e.g. Delaware) with a shorter SOL, California recognizes the shorter SOL.

 

CAL. CCP. CODE § 361 : California Code - Section 361 - See more at: http://codes.lp.findlaw.com/cacode/CCP/3/2/2/4/s361#sthash.hoSWXmJg.dpuf

When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued. 

[BV80 2,835]

@Brotherskeeper

 

The OP's worry is not about being sued in CA but about being sued in TN which has a longer SOL.

[Brotherskeeper 920]

@Brotherskeeper

 

The OP's worry is not about being sued in CA but about being sued in TN which has a longer SOL.

I know. I wanted the OP to consider that the debt may already be time-barred under California law. 

[BV80 2,835]

@Brotherskeeper

 

He said the 4-year CA SOL has already passed. 

 

But you're correct about CA and the choice of law.  Here's a great case to read.

 

http://scholar.google.com/scholar_case?case=10121350625093322993&q=%22Resurgence+Financial,+LLC+v.+Chambers%22+&hl=en&as_sdt=4,5

[Brotherskeeper 920]

@BV80

Along with Resurgence v Chambers, we used these cases:

http://scholar.google.com/scholar_case?q=Nedlloyd+Lines+&hl=en&as_sdt=4,5&case=13238880383390921182&scilh=0

 

http://scholar.google.com/scholar_case?q=Hambrecht+%26+Quist+&hl=en&as_sdt=4,5&case=4763613297294907471&scilh=0

[BV80 2,835]

@Brotherskeeper

 

Good job! 

[Brotherskeeper 920]

@BV80

 I don't think the 4-year CA SOL is up until this fall. If there is a shorter SOL in the contract choice-of-law, the debt may already be time-barred. 

 

@phoenix02 wrote:

"Anyway, I still have this debt outstanding, and the SOL is up come October/ November of this year, living in California. I've been laying low waiting for the SOL, as it's coming so soon."

 

 

[BV80 2,835]

@Brotherskeeper

 

@BV80

 I don't think the 4-year CA SOL is up until this fall. If there is a shorter SOL in the contract choice-of-law, the debt may already be time-barred.

 

 

 

The OP stated that he's not moving until next year which is after the CA SOL has passed.   He was simply worried about the TN 6-year SOL.  Assuming he's not sued in CA before the 4-year SOL is up, he would have the TN statute to protect him in TN.

[Brotherskeeper 920]

@Brotherskeeper

 

 

 

The OP stated that he's not moving until next year which is after the CA SOL has passed.   He was simply worried about the TN 6-year SOL.  Assuming he's not sued in CA before the 4-year SOL is up, he would have the TN statute to protect him in TN.

Let's hope the OP doesn't have to make any of these arguments! If OP does, you've given him/her a head start. 

[BV80 2,835]

@Brotherskeeper

 

You provided some more good choice of law cases.  Thank you! 

[Brotherskeeper 920]

@Brotherskeeper

 

You provided some more good choice of law cases.  Thank you! 

Just trying to pay it forward. We prevailed in 2 JDB lawsuits using these cases, with others.  The fact that the applicable SOL had expired prior to the move from California to Michigan ( a 6-year SOL) was critical.