What would happen if: 1) Let's say an account was opened in.....oh let's just say....Maryland by a certain person. 2) This person is going to move to North carolina very soon anyways because of a new job. (north carolina has 10 yr. UNRENEWABLE judgements) 3) The S.O.L for this account is up next oct. 4) The account has been bought by a Junker. Please state, and explain, all possible outcomes.
Depending on the type of account, MD has an SOL of 3 years on certain accounts, I think credit card debt is 3yrs, keep the MD address (just live in Carolina's) If it was bought by a junk debt buyer, validate, validate, validate, the original application probably will never be found...therefore no validation.
If a judgment exsists in MD, moving out of state may do nothing as far as tolling the time in the judgment runs in MD, you would need to check with a lawyer Unless the contract states otherwise, the law regarding SOL (the SOL for suing to obtain judgment, not the SOL for the judgment itself! ) of your resident state will prevail -NC
No judgement exists; Want to know what would happen if they did decide to sue and i am firmly established as a NC resident by that time AND the contract was originally signed/started in MD. Please list all possible possibilities. I.e., 1) they sue in MD a) But i was "improperly served." b) motion to vacate judgment c) If judgement is granted then would judgement appear on Cred. Report as MD or NC and if MD would the judgement remain on report until satisfied. If judgement in NC, how long would judgement remain on cred. report. How do judgements get on cred. reports? Must the judgement creditor report to CA's or is it automatic. d)What if i move back to MD. How does that change the game if judgement is granted in MD? 2) They sue in NC a) i can handle that b/c 10 unrenewable limit on judgements. And i have excellent, legitimate, and growing business credit. 3) they don't sue. 4) etc. etc. etc. etc. etc. Thank you so much for your help.
Fair Debt Collection Practices Act requires that suit be joined either in the state where the debt was contracted or in the state the debtor/defendant currently resides in. The choice of which would depend on the following: 1. In the contract, did you agree that any legal actions would be heard in a certain County/State? If so, then all state courts will honor that agreement, regardless of all other factors. This provision is prevalent in Student Loans, but not in any other form of consumer debt. 2. Do you still have any nexus (meaning economic or other ties) to the previous state? If not, then that state no longer has "personal jurisdiction" over you. Here's how this works: Let's say you live in Maine and you are driving down I-95 to Florida. As you enter each state along the way (NH, MA, RI, CT, NY, NJ, PA, DE, MD, VA, NC, SC and FL) you tacitly agree that the state you have entered has personal jurisdiction over you for any acts you may commit while you are in that state (traffic tickets, accidents you may be involved in or maybe you decide to rob a 7-11 while you are there). In that instance, any trials resulting from those acts will be heard in THAT state. As you leave that state and, not having committed any of those acts, that state's Personal Jurisdiction over you ends, and a new state's Personal Jurisdiction begins. When you move from MD, that state's Personal Jurisdiction over you ends, and NC's begins. The concept of Personal Jurisdiction is critical, because a Court cannot hear a case involving you as a defendant unless that Court has Personal Jurisdiction over you. Courts in your resident state have Personal Jurisdiction as a matter of law. Courts in other states do not unless you have a nexus to that state. When I sue a CA that is located outside my home state of Arizona in Arizona Courts, it is because that CA created Personal Jurisdiction by voluntarily entering Arizona to try to collect from me - even if by sending a letter or phone call into Arizona. The ending of that telephone call or the receipt of that letter does not end the voluntary Arizona nexus it created. Since you have permanently left MD, then you have broken the nexus between you and MD, and only a Contractural agreement extending that nexus can revive it.
