Which state's SOL would apply if I incurred a debt in one state but now reside in a different state? Thanks.
If you scroll down on this website: www.creditinfocenter.com/rebuild/statuteLimitations.shtml There is an opinion by Ron Opher of www.ron4law.com He says he believes the creditor has the option of choosing which state to sue in. I don't know if what he says is 100% accurate.
What state should I use in figuring out the Statute of Limitations? The state statute can be either where the debtor lives or where the contract was entered into. The creditor does have the right to choose the state with the longer statute. http://www.carreonandassociates.com/sol.htm
While the creditor has the option of choosing the state in which to sue, the state must be able to exert jurisdiction over you unless you simply accept a default judgement. For example if a creditor based in Delaware were to sue you and you live in California - technically the courts in Delaware do not have jurisdiction over you - if you fail to respond it is considered that you are passively accepting their jurisdiction - however - if you file a response with the court advising them that you are not a resident of the state and therefore are exercising your right to request a change of venue due to lack of jurisdiction you have a better than 99% chance the case will be dismissed by the court. The creditor will then have to sue in your state. Businesses, on the other hand, actively accept the jurisdiction of the courts in your state by conducting business in your state.
SOL for Debts: The SOL for debts can be either where the debtor lives or where the contract was entered into, which may not be where the creditor is now. As for a judgment, the sol is the state in which the judgment was granted.
