SOL Question

The SOL clock starts from the day you first defaulted on the debt. You need to consider the state where the debt was incurred.

When you are thinking about SoLs for debts, the clock starts on the last day of account activity. The real problem is that judgments can be domesticated and credit card issuers will try to sue you in the state where the laws favor them in the form of a longer SoL.

For example, the SoL in Alaska where you used to live is 3 years. After you quit paying, you moved to KY and have been staying here for 5 years. Now Chase (or whichever issuer it may be), will attempt to sue you in KY since the SoL is longer there.

So the bottom line is that card issuers will try to sue you either in:

The state in which the credit card company was based
The state in which you lived when you opened the card
The state you live in now

I'm now confused, I thought they had to sue you in the county you live in?

I think it depends on the state you live in. For example Texas has on the books that if you live in Texas for 1 year, you can be sued only in Texas...no matter where the account may have originated.

So these illegal loans can they sue me where ever they are at, Like Cash Call - they can sue me in CA, even though I live in Arizona? and how would they serve me to allow me to come to court to defend myself?

They can't sue you for illegal debt.

Goldenblast and steve will clear up the SOL issues.

I know they will not sue for illegal debt, it was a reference, not a good one!
Still trying to figure out when I am looking at my credit report if something is still there from when I lived in KS prior to 2003 if I go off of KS or AZ where I now lives SOL's and now also say if a legal debt was to sue - I thought they had to sue where you lived.. probably two different questions, but still want to know the answer. :)

WARNING: This might sound overtly complex and entirely befuddling but I simply had no better way of stating this. Just one of the many failings of having studied law.

Statutes of limitation are generally regarded as procedural law, not substantive law, so the law of the forum is normally applied. In absentia of a borrowing statute, a venue will normally treat a statute of limitations as procedural law, not substantive law, and thus apply the law of the forum state.

Moreover, the state in whose court you are sued is the one whose laws would apply. The state you can be sued in is entirely dependent on where you resided along with where the lender was when you incurred the debt.

The statute of limitations is that of the forum in which a lawsuit is filed. States with borrowing statutes that look to the statute of limitations from the state in which the cause of action accrued, although they only apply the out-of-state limitations period if it is less than or equal to that of the forum state.

States (a number of them actually) toll (legal way of saying 'time out') the statute of limitations when you are leave the state.

Specifically for credit card debts, creditors would sue you where they want to. The original card holder's agreement should, very specifically lay out that your use of their card constitutes agreement to jurisdiction as outlined in the agreement. This would be termed as a 'Choice of Law' clause by most judges/attorneys but the truth is, judges despise them and will generally try to find a way around them.

So if I moved to California and had CC debt from Oklahoma, could I be compelled to appear in court in Oklahoma?

Depends. State laws come into play at this level. As mentioned, in case of a state like Texas, you will have a primary shield. The creditor can come after you only by suing you in TX. But most creditors would just file in the forum state, send notifications (or not if they play dirty) to the debtor who might or might not appear, win a judgment and then have it domesticated in the state where the debtor is currently residing.

This does not generally happen because to simply file for judgment domestication, you have to pay $205 (this is from a year and half ago, no idea what the cost is now) up front just for the form. Once the domestication is filed, the debtor is notified of it and then he or she can again appear in court and have a shot at disputing the judgment.

Creditors would rather not compel debtors to appear in an out-of-state court simply because a default judgment is easier to domesticate and enforce later (all this is unofficially speaking).

Thanks for all the help and information Steve - still very confusing - I will continue to research and see if I can find any guidelines for AZ.. I have lived here since 2003 and before that KS - with the exception of military service.

If you have any idea on where I should look, any input will be appreciated.

One last thing then, if they sue you where they wish - they still have to serve you of notification of the suit correct?

Yes, that they will have to do, and at the correct address on top of that. Hopefully you have left a forwarding address at your old place in KS. You know, notifying the post office and all that stuff...

If you have, they would have to send you the notification in AZ. If there are no forwarding addresses, they would serve you in KS and you would not even be able to file a successful motion for dismissal due to improper service (judges playing the technicality card usually quash it but others who are more or less reasonable, might just accept it).

Have a chat with the county clerk about out-of-state judgments for debts and court procedures. They actually know more than people think they do.

I did leave a forwarding address in Kansas but that was in 2003 - pretty sure the forwarding guidelines have ended. So I should research in KS courts to make sure there is nothing out there that we may not know about!

Thanks for the information! I do know that the local clerk court here was very helpful when I have asked questions. She said that any time someone threatens me to just all them and see if they have received anything!

Looks like KS protects a least some from not being able to be served where you don't live: This is from the website of the City/County I used to live in District Court page:
"What happens after the petition is filed?
A trial date will be set at the time the petition is filed. The sheriff will attempt to serve the defendant at the address you???ve provided on your petition and summons. If the defendant cannot be located, the trial will be canceled. If you subsequently find another address where the defendant may be served, you must fill out an alias summons (second summons) and the sheriff will then try to serve the defendant again."