I have read for a long time on this board about the statute of limitations and it seemed rather cut and dry until today. It seems you must reside in the state that the debt was created and if you move out of the state the SOL time clock stops until you move back into it. Has anyone got inoput on this critical piece of information I have just listed. Here is a line from my attorney who claims the SOL is NOT as cut and dry as we all may assume. " Chapter 260: Section 9. Nonresident defendant; suspension of limitation. Section 9. If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and if, after a cause of action has accrued, the person against whom it has accrued resides out of the commonwealth, the time of such residence shall be excluded in determining the time limited for the commencement of the action; but no action shall be brought by any person upon a cause of action which was barred by the laws of any state or country while he resided therein. Its confusing but it sounds like he is saying that if your not within the same state the so called SOL is no longer applicable, Anyone have comments on this.?. It would be the first I have read if anyone out there has feedback on this. Thanks
I'm not a lawyer, and I don't play one on TV. But, here's my two cents. I think in many cases this is true. However, for open-ended accounts like credit cards, when you move they often send a change in terms (especially if they can charge higher fees in your new state). I would think that this would amend the contract to your new state, and you would then abide by the SOL for the new state. As I said, I'm not a lawyer!!
The laws on "tolling" are different for each State, however, in general,they all say petty much the same thing. If you open an account in State A, and you then leave State A and move PERMENANTLY to State B, you can be sued in either State A or B and under the SOL for the State you are sued in. If you leave State A and go to State B temporarily, and return to State A, you MAY have "tolled" the time you spent out of State,(but it is VERY rare)depending on where you were when you defaulted, and the State laws on tolling. The laws on tolling for each State depend on the action involved,most STRICT rules on tolling involve criminal cases, injuries and malpractice lawsuits. In almost every case of "money judgments"(unlike criminal and injury or malpractice) the plaintiff would have to prove the debtor committed fraud and purposeful evasion, as it is VERY simple to file a civil case and get a default judgment even if the debtor has moved without a forwarding address. As to the postt of a "new credit agreement" when you move-- that is just plain nonsense.
Then why did I get a new terms of account on EVERY account I had when I moved? Even when I had a PO box near work, in another state, I got new terms when I changed to that address. Then, when I changed back to my home, another CHANGE IN TERMS. In fact, I had one account that was canceled because I changed the address--they didn't do business in the new state. I just changed that one back to my home and convinced them that I didn't really move, it was all a mistake. So they reopened my account.
