SOL - STATE
Date: Wed, 03/07/2007 - 18:28
I believe it is the state you were in when you occured the debt,
I believe it is the state you were in when you occured the debt, but I'm not 100% positive . . . . I'm sure someone else will either verify or correct me . . . .
Since any legal action they must take against you must be done i
Since any legal action they must take against you must be done in the county you reside, SOL is determined by the state that you currently reside in.
In order to obtain court judgements on most debts, collectors mu
In order to obtain court judgements on most debts, collectors must sue in the judicial district where the consumer resides. However, there are exceptions:
Child support orders are recognized and enforced in every state. If you have child support judgment from NY and move to Florida, the NY statutes of limitation apply.
Signed contracts (not revolving credit accounts); collectors can seek a judgement in the state where the contract was signed. Once they have a judgment collectors or creditors can use either the state where it was granted or have the judgment domesticated to the state where you reside, depending on which state offers the longest SoL.
Example: You live in New Jersey and a debt collector is attempting to collect on a past due credit card bill. The collector must obey the NJ statute of limitations for open ended credit contracts which is 4 years. On the other hand, if you live in NJ but signed a contract to have body work done on a vehicle in Pennsylvania, then a collector can sue for a judgment in PA (good for 20 years).
Under written credit contracts such as car loans, mortgages, and so forth, creditors retain the right to decide which state to sue in, so always expect creditors to choose the state with the longest statute of limitations and the greates amount of award!
