SOL wisconsin
Date: Wed, 10/08/2008 - 07:25
I was trying to see if SOL in Wisconsin (6 yrs) applies for a breach of contract in WI in 2000. Currently living in OH, where the sol is 15 yrs :(
I was reading the WI law, and wanted to know if the SOL is tolled when you move out of state. Here's the legal mumbo-jumbo that I found, can someone please help translate!!!
893.19 Limitation when person out of state.
(1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; provided, that no foreign corporation which files with the department of financial institutions, or any other state official or body, pursuant to the requirements of any applicable statute of this state, an instrument appointing a registered agent as provided in ch. 180, a resident or any state official or body of this state, its attorney or agent, on whom, pursuant to such instrument or any applicable statute, service of process may be made in connection with such cause of action, is deemed a person out of this state within the meaning of this section for the period during which such appointment is effective, excluding from such period the time of absence from this state of any registered agent, resident agent or attorney so appointed who departs from and resides outside of this state.
This would be a great help... i have to go to the court tomorrow... also I had cancelled the original contract by providing all that was needed, but somehow (!!) it wasnt cancelled... how can i prove it, it was 8 yrs ago, and i have no documentation anymore :(
PLEASE HELP
I was reading the WI law, and wanted to know if the SOL is tolled when you move out of state. Here's the legal mumbo-jumbo that I found, can someone please help translate!!!
893.19 Limitation when person out of state.
(1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; provided, that no foreign corporation which files with the department of financial institutions, or any other state official or body, pursuant to the requirements of any applicable statute of this state, an instrument appointing a registered agent as provided in ch. 180, a resident or any state official or body of this state, its attorney or agent, on whom, pursuant to such instrument or any applicable statute, service of process may be made in connection with such cause of action, is deemed a person out of this state within the meaning of this section for the period during which such appointment is effective, excluding from such period the time of absence from this state of any registered agent, resident agent or attorney so appointed who departs from and resides outside of this state.
This would be a great help... i have to go to the court tomorrow... also I had cancelled the original contract by providing all that was needed, but somehow (!!) it wasnt cancelled... how can i prove it, it was 8 yrs ago, and i have no documentation anymore :(
PLEASE HELP
Had the 6 year SOL expired before you moved to OH? If not, then
Had the 6 year SOL expired before you moved to OH? If not, then SOL can be tolled indefinately.
