Which State Does SOL Pertain To?
Date: Wed, 05/27/2009 - 14:04
Submitted by desperatelyseekingsanity
on
Wed, 05/27/2009 - 14:04
Total Replies: 9
If you open an account - say in Florida - have the account for a few years - then default, and move to another state (Illinois, for example)...which state does the SOL pertain to?
Is it the state that you CURRENTLY reside in or the state where the account was opened?
As far as I know, the creditor can either sue you in the state y
As far as I know, the creditor can either sue you in the state you reside presently or the state where the account was opened, so the SOL of either state can apply. However, the creditors mostly sue you in the state where you currently live in.
If SOL had not expired in FL, the statute may have tolled(frozen
If SOL had not expired in FL, the statute may have tolled(frozen). Are you planning on moving back to FL?
That was an example...just wondering how the SOL thing works and
That was an example...just wondering how the SOL thing works and which state it applies to.
So, if a person moves from the original state, and the OC sues you in that state, but you live in another state, then you can have the suit/judgement thrown out for improper service and/or venue???
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Even if the OC has your current address, they can still try to s
Even if the OC has your current address, they can still try to sue you in the old state?
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The collection attorney will sue you in your current state of re
The collection attorney will sue you in your current state of residence. The SOL is for the state of IL. It does not depend on where the original creditor account was opened.
Yes it would be improper service and you can file a motion to di
Yes it would be improper service and you can file a motion to dismiss with prejudice (if it was filed in your former state of residence).
Yes, I agree the OC would do things correctly, but if they sold
Yes, I agree the OC would do things correctly, but if they sold it off to a CA, I would be suspect that the CA would do things correctly. :roll:
Guess I need to move to Texas where their laws are stricter and do not garnish...sigh...
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