Statue of Limitations Help

[tammy1115]

I defaulted on my credit card account (Maurices) in June of 2012.  The account was opened in Idaho and I was a resident of Idaho at the time of default.  I moved to Colorado in November of 2012.   Portfolio Recovery sent me to collections.  I have now received court papers and filed an answer with the court as I believe this is beyond statue of limitations.   Can someone please help me with statue of limitations when the debt was defaulted in Idaho and I have since moved to Colorado and am being sued in Colorado.  

[Clydesmom]

1 hour ago, tammy1115 said:

The account was opened in Idaho and I was a resident of Idaho at the time of default.  I moved to Colorado in November of 2012.   Portfolio Recovery sent me to collections.  I have now received court papers and filed an answer with the court as I believe this is beyond statue of limitations. 

Unfortunately I do not think you do.  Where you lived when the account was opened is not relevant.  Where you lived when you defaulted MIGHT be relevant.  If the SOL in Idaho had expired when you moved to Colorado then you would have a defense of the SOL because moving to a state with a longer SOL does not revive it.

If you defaulted in June 2012 the SOL in Colorado is very much still alive.  CO SOL is 6 years.  

1 hour ago, tammy1115 said:

Can someone please help me with statue of limitations when the debt was defaulted in Idaho and I have since moved to Colorado and am being sued in Colorado.  

Idaho SOL is 5 years.  Had you moved to CO in July 2017 the SOL would be expired in my opinion.  You moved a few months after you defaulted which means the SOL of your new state took over.

They have to sue you in the jurisdiction in which you live.  CO is the correct venue.

[BV80]

Idaho has a long-arm statute that can possibly toll the SOL when one is absent from the state.

13-80-110. Causes barred in state of origin

If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state.

However, the SOL is not tolled if one is available for service.

"The Idaho Supreme Court has interpreted section 5-229 as follows: '[T]his statute tolls the running of a statute of limitations only when the party against whom the claim is made was out of the state and during that time could not have been located for service of process with reasonably diligent efforts.'"  Butterfield v. MacKenzie, 132 Idaho 62, 64-65, 966 P.2d 658, 660-61 (Ct.App.1998)(citing Tetzlaff v. Brooks, 130 Idaho 903, 904, 950 P.2d 1242, 1243 (1997) (emphasis added)).

If the OP could have been located and served, the SOL was not tolled and has passed in ID.

Here's the CO borrowing statute.

13-80-110. Causes barred in state of origin

If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state.

[Goody_Ouchless]

1 hour ago, BV80 said:

13-80-110. Causes barred in state of origin

If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state.

So, CA-CHING! Suing on a time-barred debt?

 

[Brotherskeeper]

@BV80 @Goody_Ouchless I'm a big fan--huge, in fact--of the borrowing statute. That gem led to FDCPA suits and settlements I'm not allowed to talk about. ?

[BV80]

@Brotherskeeper

@Goody_Ouchless

 If the OP ever received a letter in Colorado from Portfolio before the SOL ran out in Idaho, he’s got  them.   That would prove they knew his address and could have served him from Idaho (long-arm statute).