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North Carolina and New York Statute of Limitations


craigfin3rd
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Hi, I would like to first thank you all for taking the time to aid me in this matter. My question is this:


I occurred a utility bill debt in NY, whose Statute of Limitations is 6yrs. I then moved to NC, whose Statute of Limitations is 3yrs. If I was pursued for debt collection, under what state would the jurisdiction (or statute) apply?


I am asking this because it is my understanding that certain states have laws that state that debt collection must be filled in the state of residency and I am wondering if NC is one of those states. Meaning that if I was pursued for debt collection, the debt collectors would be forced to file the suit in NC under which the Statute of Limitations are more favorable to the consumer.


Again I would like to thank you all for helping me with this matter.

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In this circumstance, the applicable statute of limitations in both states is procedural; meaning  whichever state the suit is filed in, that statute will apply. If plaintiff sued you in a North Carolina court, then the three year statute would apply. If plaintiff sued you in a New York court, then the six year statute would apply.

If filed in New York, plaintiff  would have to find you and serve you pursuant to CPLR 306-b. That's not to say you wouldn't have defenses to being sued in a such a distant forum; you might. But, since the cause of action accrued in New York, that state's borrowing statute does not function to let you off the hook by moving to a state with a shorter statute of limitations.

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