How does the statute of limitations work when a debtor moves to another state?
Question Details: I had an unpaid check advance from 5 years ago. The SOL in that state was 3 years. Now that the military moved us to a state with a SOL of 6 years they are threatening to sue. The problem is that I paid this debt 2 years ago and after 2 moves I lost the paid in full. I also am still a legal resident I believe of the first state wih the shorter SOL. I still pay their state taxes. Maybe I was scammed 2 years ago into paying but shoudn't the SOL apply to the state I pay taxes to?
The statute of limitations depends on where the suit is filed. Assuming that your creditor, for example, in headquartered in state A, it can most likely sue you in state A (where it has a presence and suffered an injury from your nonpayment), regardless of where you reside. So if a suit can be filed in a state--that is, if the jurisdictional requirements are met--that state's SOL will be applied.
