Hi, I've been a long time lurker. Thanks to all your help, I've been able to clean up my CA. Now my past and come back to haunt me again I've run into some legal trouble and need some advice. I left my apartment in TX in Oct. '01 (it was a breach of contract, my lease was to end on Feb. 28, '02). Does the SOL start from the time I left in Oct. or when my lease ends in Feb.? I moved around TX for the next 3.5 yrs and then moved to CA. I left TX last fall, but didn't get a new license until Jan. Does that mean I was still a TX resident until I changed my license? If that is the case, then I was in TX for the full 4 yrs, right? I was finally served with a lawsuit from my old landlord and they filed the suit on Feb. 28, '06. They first came to my old house in TX in March but found out I wasn't there and then later found my new address, probably from the surrendered TX ID. I talked to an attorney about this and he says I have a good case to fight the lawsuit because of the SOL. But before I put any money into this I just want to know if he's right. I am willing to settle this case and just put it to rest. (I was younger then and I know that I get what I deserve.) Any advice is greatly appreciated. Thanks, Liz
First of all, this is NOT legal advice. That's what your lawyer is for. This is only experiential suggestion: Lease transactions fall under the UCC codes of your state. Normally, if your state doesn't stray too far from and supercede the UCC, the SOL for leases is 4 years, starting from the date that the lessor was able to sue you. That usually means the date of your first deficiency, or the first time you were late on your rent. Your lawyer is more familiar with the laws in your state, so he would know the specifics better. I speak only in general UCC terms. Your license and your residence don't matter, unless the state SOL is a factor. Again, ask your lawyer. You said they filed suit in February? That usually means you have less than a month to answer. Did you answer? I hope so, you may be in danger of default judgmenr.
Thanks for the input. The suit was filed Feb. 28. They first went to my old house to deliver but found out I moved to CA. I didn't get it until last Fri. I have about 20 days or so to act on this. I've already found a lawyer that I like and trust and he says we can fight it. I just want to check and see what others thought about the situation before I get my hopes up. Any other suggestions given are greatly appreciated.
