The dispute I sent a year ago was an e mail to their attorney. I do have a copy of that letter sent to his e mail address which is on his stationery. All the input received seems to come across to me that its a 50/50 call made by the court vs a documented piece of law that I can fall back onto to get out of this mess. Will let you all know how the hearing goes tomorrow night. see ya
I happen to be in New Hampshire and have been sued for $700 in Massachusetts. Both states the sol is 6 years and we are beyond that as the account was created in april of 1996. Now with this info can you clarify for me where I stand on this as I go to a court hearing 11/3. Some of what I have read on this subject leaves me to believe that they cant sue me as I am not a Mass resident. But if I dont show up in court i will have a default thrown at me and they will take that and throw it on my credit report. And for the record I do NOT owe the $700 it was paid in full in May of 1996. The problem is that I have moved, have been divorced and have no way of locating the payment receipt going back that far nor had I any reason to hold onto it anyway. Remember I left Massachusetts in late 1999 and from 1996 to 1999 I never received anything from anyone saying I owed them a dime. end of story
Re: Re: Court Hearing 11/3 - SOL The attorney I have wants to win the case he would have zero reason to trick me on this issue.
Better look again. From Why Chat's site. NEW HAMPSHIRE NEW HAMPSHIRE OPEN ACCOUNT- 3 YEARS ORAL CONTRACT-3 YEARS WRITTEN CONTRACT-6 YEARS Section 382-A:3-118 382-A:3-118 Statute of Limitations. â?? (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. (b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. (c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first. (d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be. (e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed. (f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand. (g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this Article and not governed by this section must be commenced within three years after the cause of action accrues.
Live in New Hampshire. Are you saying that the state of Massachusetts cannot sue me in a massachusetts court if I live in another state?? Please clarify what you wrote. Thanks....if thats the case then my attorney should be aware of that but it has not been mentioned. let me know thanks
well, you are absolutly correct its 3 years in NH...I have been so wrapped up in this mess I thought I printed out something that said 6 but its 3. Your right. Thanks.....not sure how this will impact my hearing tomorrow despite the sol term in NH. I am being sued in Mass for $700 in a Mass small claims court. The hearing tomorrow is my hearing to move it out of small claims and into a regular court with a jury and its my countersuit against them
Well ... good luck Snuffels. We'll be thinkin about ya. Pick everyones brain and let us know what is said by all. .
Re: Re: Court Hearing 11/3 - SOL Unless the original agreement states otherwise, you must be sued in the courts of the State in which you live at the time of the suit. See the 4th Amendment, US Constitution (speedy trial clause).
Re: Re: Re: Court Hearing 11/3 - SOL Into retaining his/her for the suit. Attorneys get rich making complicated issues out of simple ones.
Re: Re: Court Hearing 11/3 - SOL Unless you alreday agreed to be sued in Massachusetts (see the original debt papers for that clause), then you would file a Motion to Quash in the Massachusetts Court on the basis of lack of jurisdiction over you, as you are not a Massachusetts resident.
Re: Re: Re: Court Hearing 11/3 - SOL My 11/3 court date was simply a hearing to move it from small claims to civil court where a jury would be my goal. It lasted less than 5 minutes and it really was not a forum to raise any issues or make any objections although the sol was raised but the decision to move it to another court won't be known until January. I have only one question for everyone out there concerning the State of Mass suiing a non Mass resident. Is there somewhere that it states in simple terms that they cannot do this ??
I am in New Hampshire. Can they sue me in Massachusetts ? I need a very specific legal position on this so I can use it and get this dismissed. Fighting this matter in Mass is going to be expensive and it does not look like the SOL will stand up in court ( at least not a massachusetts court ) thanks
Re: Re: Court Hearing 11/3 - SOL Massachustetts General Laws: "CHAPTER 223A. JURISDICTION OF COURTS OF THE COMMONWEALTH OVER PERSONS IN OTHER STATES AND COUNTRIES Chapter 223A: Section 1 Person defined Section 1. As used in this chapter, ""person'' includes an individual, his executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this commonwealth and whether or not organized under the laws of this commonwealth." OK, under Massachusetts Law, you are a person. Now, can they sue you? Read on.... "CHAPTER 223A. JURISDICTION OF COURTS OF THE COMMONWEALTH OVER PERSONS IN OTHER STATES AND COUNTRIES Chapter 223A: Section 2 Domicile, organization or place of business for personal jurisdiction Section 2. A court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, this commonwealth as to any cause of action." You are domiciled in New Hampshire. If none of this applies, so afr they can't sue you in Massachusetts. read on....... "CHAPTER 223A. JURISDICTION OF COURTS OF THE COMMONWEALTH OVER PERSONS IN OTHER STATES AND COUNTRIES Chapter 223A: Section 3 Transactions or conduct for personal jurisdiction Section 3. A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person's (a) transacting any business in this commonwealth; (b) contracting to supply services or things in this commonwealth; (c) causing tortious injury by an act or omission in this commonwealth; (d ) causing tortious injury in this commonwealth by an act or omission outside this commonwealth if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this commonwealth; (e) having an interest in, using or possessing real property in this commonwealth; (f) contracting to insure any person, property or risk located within this commonwealth at the time of contracting; (g) maintaining a domicile in this commonwealth while a party to a personal or marital relationship out of which arises a claim for divorce, alimony, property settlement, parentage of a child, child support or child custody; or the commission of any act giving rise to such a claim; or (h) having been subject to the exercise of personal jurisdiction of a court of the commonwealth which has resulted in an order of alimony, custody, child support or property settlement, notwithstanding the subsequent departure of one of the original parties from the commonwealth, if the action involves modification of such order or orders and the moving party resides in the commonwealth, or if the action involves enforcement of such order notwithstanding the domicile of the moving party." If any of these apply to you, you can be sued in Massachusetts. If not, read on..... "CHAPTER 223A. JURISDICTION OF COURTS OF THE COMMONWEALTH OVER PERSONS IN OTHER STATES AND COUNTRIES Chapter 223A: Section 4 Service outside commonwealth Section 4. When the exercise of personal jurisdiction is authorized by this chapter, service may be made outside this commonwealth." If none of the above circumstances where the Massachusetts Courts have jurisdiction over you, it was a violation of Massachusetts Law to even serve you outside Massachusetts.
