Okay - I'm active duty military, and stationed in Ohio now. There are suck a$$ debtor laws here, so I'm trying to avoid them. I'm orginally from Alabama and will be moving to North Carolina on March 14. North Carolina and Alabama both have more favorable laws to debtors than does Ohio. My question is - what determines residency - and how does this residency relate to my debts? Specifically - if I obtained credit in Ohio, while a legal resident of the state of Alabama, will this debt fall under Ohio laws or Alabama laws? I know how it relates so far as taxation and voting - I am able to remain an Alabama resident while on active duty for these purposes. But how does this apply to credit? Alabama residency argument in my favor: Registered to vote in the state of Alabama. Maintained Alabama Drivers License with Alabama Address. Maintained Military Home of Record in Alabama. Paid Alabama State Taxes. Maintained Alabama Vehicle Registration through January 2007. To my disadvantage, the Ohio argument: Have a vehicle registered in the state of Ohio. (Only 2007 to current) Legally married in the state of Ohio. (Only 2007 to current) Maintained vehicle insurance in accordance with Ohio state laws. Obtained credit while in the state of Ohio. Received bills or other materials relating to debts to Ohio addresses. Obtained a lease for rental in the state of Ohio. CRAs have Ohio addresses as most current and second most current on file. It would seem to me, that I could have an argument that I am currently and have always been a resident of the state of Alabama - at least in regards to LEGAL matters. I think at worst, you could say that I established residency in Ohio in 2007 when I was married here and filed for vehicle registration, but did I actually do this when I came in 2005 and obtained a lease?
The law of the state in which you reside would apply to claims you would bring against them because you would sue in the state wherein you live; i.e., an Alabama resident sues in his state of the state of the company. Technically, you can sue in any jurisdiction in which a company does business but, defense counsel sometimes raises issues.
Some agreements state which state's laws apply, so you might check your contracts to see if that's the case. Also, check with your JAG to see if your Home-of-Record or your current duty station applies in this case.
