How does the statute of limitations work when a debtor moves to another state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does the statute of limitations work when a debtor moves to another state?
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?
Asked on October 17, 2012 under Bankruptcy Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.