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Sub: #17
Replied on 03-20-2008, 08:08 PM
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I was pondering the SoL issue after I read Law Student's post on the previous page of this thread... Then it came to me, like a loose brick from a tall building.

If they're gonna sue you, they have to sue you where you live. As in, they have to file in a court that has jurisdiction in your state and county. That being the case, SoL is determined by that court's rules, which are dictated by your state's laws.

In other words... Say I had a debt from West Buttplugg, and that it had been 7 years since I made the last payment. The evil, nasty CA can't file suit in West Buttplugg, even if their SoL is 10 years for this type of debt, because I don't live there. For my sins, I live in Vermont, so that's where they'll have to file their case. Vermont's state laws state that the SoL is six years for most civil actions, including this type. They file, I show up and tell the judge it's time barred, case dismissed.

Clear as mud, right?

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Send message to sdchargers_63
Sub: #18 debt
Replied on 03-20-2008, 09:23 PM
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Thanks, WULF!! That explanation is ALOT more 'clear' for me now. That helps tremendously!! I appriciate it!

Sub: #19
Replied on 03-20-2008, 11:38 PM
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wulf always keeps it clear genuine and real!!!thanks dude!!!!!

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Sub: #20
Replied on 03-21-2008, 06:30 AM
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Check your contract. Alot of contracts specify which state laws apply to the contract. In that case, you must use the SOL law of that state.




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