If I am living in state X with an SOL of 3 years for open accounts. I opened a credit card living in that state, and then it was charged off. If the 3 years of the SOL have passed and then I move to state Y with an SOL of 6 years. Do I then go back within the SOL, or would the fact that the SOL has passed be enough? It doesn't sound right, that if a debt is time barred and no longer enforceable that it could be bumped back into enforceable. Just a thought to get some discussion on. But then again, the SOL Time Barred defense only works if the judge wants to follow the laws. ChrisB
Since the SOL is a State Law, it applies to the State of your residence at the time of suit. So... if you opened an account here in AZ with a SOL of 4 years and then moved to Rhode Island, your SOL is now 10 years and YOU are SOL. It's not a matter of being "bumped back" to being enforceable, it was never "not-enforceable" in your new state, but that state had no jursidiction until you gave it jurisdiction by moving there.
