Question about what state to use SOL
Date: Thu, 03/06/2008 - 06:14
Curiously, while I was reading over Texas laws I came across a little gem if it is true that SOL is from state it originated from...basically, according to Texas law, if you reside within the state for 12 months, you get to use Texas SOL for debts and such....
I had fun tossing THAT to a CA who tried to tell me that a questionable account was within SOL (6 years for that state) I happily informed her that Texas SOL is 4 years and if you live in Texas for 1 year, you get to use that sol..and I have been in Texas for 2 years, with leases that back that up. :) She tried to tell me Texas law didn't matter..I told her I am sure a Texas Judge would love to hear you say that. :)
well, think about it golden--suppose a CA sues you. They will m
well, think about it golden--suppose a CA sues you. They will most likely sue you in your state, right? Its one of only two places where they can sue you over a debt--either where you currently live or where the debt originated.
That said, they usually sue you where you live. They cannot use your state's court to enforce a law that comes from another state--jurisdiction doesnt allow it. So, they would have to use the laws in your state, unless the agreement you signed has a specific clause in it that says "this contract will be governed by the laws of ____ State". Texas can only enforce Texas law.
The next time some DC on the phone tells you that texas law doesnt matter, you tell them to come sue you in Texas where you live, where they would basically have to go to sue you, and see how successful they are trying to use another state's statutes in Texas court. This is just another case of a DC not knowing their head from their back-side.
