I have done some moving around most recently to South Carolina and was wondering if anyone knew if South Carolina has a 'borrowing' statute or lack thereof. Any info would be great
S.C. has a short 3 year SOL, it would be pointless to use any borrowing statute from a short SOL State, even if they had one. The purpose of a borrowing statute is if you have moved from a SHORT SOL State to a LONGER SOL State,the borrowing statute would allow you to use the shorter SOL as a defense if you are sued, providing that your default occurred in the short SOL State,and also provided that your new longer SOL State had a borrowing statute. My website, linked below, has each State listed with it's own statutes, including borrowing statutes if applicable.
I just wasn't sure if the clock started all over again when I moved, the debt originated in Ohio (SOL 4 years) in 95, delinquent in 98, moved to California (SOL 4 years) in 01, and South Carolina (SOL 3 years) in 04. I'm not sure if there is tolling involved when I left or entered any of those states, or if it is 4 years from delinquency in Ohio period? I feel like it has to be up because it is scheduled to come off my TU report 5/06 (waiting for other 2 reports by mail)
Re: Re: SOL and 'borrowing' statutes There is no "tolling" involved, unless you were active duty military for a portion of that time, incarcerated in a Federal Prison, had declared CH13 BK and then had it dismissed, were mentally or physically incapacitated, or if you were in a witness protection program, or if you had fraudulently changed your name and obtained a new SS#.
Re: Re: SOL and 'borrowing' statute Thanks for helping to clear that up. Something a little off the topic: My state, SC, is able to get free annual reports from each CRA as of June 1. When requested by mail, are these any different than the ones you pay for directly from the CRA by mail?
Re: Re: Re: SOL and 'borrowing' sta Not so sure about this. I was doing some digging on Ohio, tolling, etc and found this: § 2305.15. Tolling of limitation during defendant's absence, concealment or imprisonment. (A) When a cause of action accrues against a person, if the person is out of the state, has absconded, or conceals self, the period of limitation for the commencement of the action as provided in sections 2305.04 to 2305.14, 1302.98, and 1304.35 of the Revised Code does not begin to run until the person comes into the state or while the person is so absconded or concealed. After the cause of action accrues if the person departs from the state, absconds, or conceals self, the time of the person's absence or concealment shall not be computed as any part of a period within which the action must be brought. (B) When a person is imprisoned for the commission of any offense, the time of the person's imprisonment shall not be computed as any part of any period of limitation, as provided in section 2305.09, 2305.10, 2305.11, 2305.113 [2305.11.3], or 2305.14 of the Revised Code, within which any person must bring any action against the imprisoned person. HISTORY: RS § 4989; S&C 950; 51 v 57, § 21; GC § 11228; Bureau of Code Revision, 10-1-53; 129 v 13(177) (Eff 7-1-62); 141 v S 151 (Eff 7-9-86); 145 v S 147 (Eff 8-19-94); 149 v S 281. Eff 4-11-2003. I definitely like your answer better, as none of those circumstances apply, but I am worried that is not the case. Please tell me I'm reading the part on tolling wrong, misinterpreting it, or something
Re: Re: Re: SOL and 'borrowing' sta It is CONCEIVABLE that if you were an Ohio resident, and moved out of the State after defaulting on a loan, and then moved BACK into the State that a claim COULD be made for tolling. However, in any such claim the plaintiff would have to prove that they could not have legally served you while you were "away".
