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 Posted: Thu Oct 25, 2007 7:25 pm Subject: Where can I get more details on the SOL terms |
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I went to the SOL by state and saw this:
Written Contract: 5 Years, (O.S. § 95(1)).
Oral Contract: 3 Years, (O.S. § 95(2))
Attachments: 5 Years, (O.S. § 95(5))
Domestic Judgment: 5 Years, (O.S. § 95(5))
Foreign Judgment: 3 Years, (O.S. § 95(2)
But I'm not quite sure what all of those entail. Where can I get more information on the definition of each of those and what would fall under those various areas?
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sasquatauch
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AnthonyLemons
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| Posted: Sun Oct 28, 2007 7:34 am Subject: |
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Thanks, I'll check that out.
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sasquatauch
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| Posted: Sun Oct 28, 2007 8:43 am Subject: |
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A written contract would be just that, any agreement that has been reduced to writing.
Oral contracts would be an agreement that you make verbally. They are enforceable in court, although there is a large burden of proof on the plaintiff; obviously verbal contracts are hard to prove. But for example, if you tell someone you'll pay them $50 to mow your lawn, they indeed come mow your lawn but you don't pay them ... they would be able to sue you under a promissory estoppel even though there is no written agreement.
Domestic judgments are where a plaintiff files suit against a defendant in his own state/county.
But suppose a person is living in IL and gets sued under the laws of Illinois, and a judgment is awarded. Then that person moved to WI... the plaintiff can't enforce Illinois laws in Wisconsin, so they would have to register a foreign judgment; WI will recongize/record that judgment in its own courts and then the plaintiff can continue to enforce it.
Attachments usually come after a judgment, where a plaintiff can attach your assets to satisfy the judgment. Seizing your bank account would be a form of attachment.
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DebtCruncher
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