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Just Jae · Mar 8, 2007, 10:42 AM

Does SOL apply to the state you lived in when you acquired the debt or does it apply to the state you currently live in?

excon · Mar 8, 2007, 10:44 AM

Hello again, Just:

It probably applies to the state you were in when you contracted with whomever you're talking about.

excon

Just Jae · Mar 8, 2007, 10:48 AM

Originally Posted by excon

Hello again, Just:

It probably applies to the state you were in when you contracted with whomever you're talking about.

excon

Thanks Ex!

Dang! I wish it were the other way. I have an old debt due to expire next month and Im wondering if it applied to the state I was in when it occurred (NY SOL 6yrs) or the state Im in now (MD- SOL 3yrs)

Justice Matters · Mar 8, 2007, 03:04 PM

Further to the comment posted by Excon we would like to add that if you are talking about a consumer debt (ie. Credit card or finance company) some of these interjurisdictional companies will actually have a clause in their contracts saying that the contract is governed by the laws of a particular state or province - usually the one where their head office is located in.

In such circumstances the statute of limitations for that particular jurisdiction may then apply. Such a clause could only help you if the limitation period was shorter in the jurisdiction that governs the contract.

Just Jae · Mar 8, 2007, 03:14 PM

Originally Posted by Justice Matters

some of these interjurisdictional companies will actually have a clause in their contracts saying that the contract is governed by the laws of a particular state or province - usually the one where their head office is located in.

In such circumstances the statute of limitations for that particular jurisdiction may then apply. Such a clause could only help you if the limitation period was shorter in the jurisdiction that governs the contract.

Which brings me to my next point... how can I find out a particular companies contractual agreement if its an old account?

excon · Mar 8, 2007, 03:21 PM

Hello again, Just:

Now we come down to legal opinion. I'm not sure if there IS an absolute answer. The way to find out, is if you're sued, plead that the SOL has expired. If it has, the judge will rule that way. If the judge thinks it hasn't, then that's that.

excon

Justice Matters · Mar 8, 2007, 04:24 PM

Originally Posted by Just Jae

Which brings me to my next point...how can I find out a particular companies contractual agreement if its an old account?

If they sue you feel free to ask for a copy of the original contract. This is something they would likely need to produce in any event.

If they haven't sued we suggest you keep quiet and let the clock keep ticking until all possible limitation periods have run out.

If you want some information in the here and now, without raising attention to yourself, they may have their contract on a website and it may not have changed too much in the last few years. There are some other ways as well, such as checking court records with other defendants, contacting the creditor's ombudsman (if they have one) or even posting on this site looking for help.

Keep in mind, the clause we mentioned is not always used. The contract could just as easily state that it is governed by laws of the jurisdiction where it was created or it could be silent on this issue altogether.