floating SOL

Discussion in 'Credit Talk' started by fun4u2, Jun 26, 2005.

  1. fun4u2

    fun4u2 Well-Known Member

    can moving to another state actually re age the SOL?

    I was under the impression the sol applied to the location where the debt had occured and not subject to new state laws?

    does the location of the CA have an effect as to jurisdiction ?

    example debtor now resides in NY the CA is located in IL and the debt occured in NV any help would be appreciated

    thx
     
  2. jenz123

    jenz123 Well-Known Member

    i do not believe the sol can change otherwise we'd all move to states with better sol.
     
  3. Why Chat

    Why Chat Well-Known Member

    Yes your SOL DOES "float".

    You can be sued in either the State where you signed up for the credit, OR in the State you presently live in.

    The State you are SUED in determines the SOL that you can use for a SOL defense.

    If you move to a "longer" SOL State like NY, you can STILL sometimes use the shorter SOL of the State you DEFAULTED in, even if you are sued in the longer SOL State.

    Some States, (like NY) have what is called a "borrowing" statute, which means that you can "borrow" the shorter SOL of your defaulting State if you are sued in NY.

    To find out if your State has such a statute, go to your State's page on my website.
     
  4. fun4u2

    fun4u2 Well-Known Member

    thank you whychat :) for the link

    I will check it out I had a feeling there was more to this than meets the eye.
     

Share This Page