Statute of Limitations

[steeleb]

I'm having a little trouble understanding the language on a few of the SOL's.

I have lived in AZ since Oct 2007. Prior to that I lived in Texas which is where all of my debts originated. I have a couple questions in regards to the statue of limitations.

1.Do all my debts since originating in TX go under the TX SOL's or since I now live in AZ do they go under the AZ SOL's?

2. The SOL for AZ (see below) says "4 years outside AZ" Does this mean if I bought a car in TX that the SOL is only 4 years since I now live in AZ?

(the car was repo'd and the last payment on the car was made in Sept 2006)


STATUTE OF LIMITATIONS In AZ (IN YEARS)

Open Acct.: 3

Written Contract: 6 in Az. - 4 outside Az.

Domestic Judgment: 5-additional 5 upon request (indefinitely)

Foreign Judgment: 4

Thanks for your advice!

[Lian]

SOL interpretation is by the judge in the jurisdiction under which the legal action is being tried.

Legal action will almost assuredly be brought in your jurisdiction of current residency. Debt collectors are limited under the FDCPA to bringing legal action in either the jurisdiction of contract, or the jurisdiction of residency. So the SOL civil code of the state in which they bring the action would control. They have the first choice, and then you have to deal with the SOL code of that jurisdiction.

Many states have specific sections within their statute of limitations on debt that provide provisions for periods of contract and/or residency outside of their jurisdiction, so your actions in other states might apply, depending upon how your state code deals with them. Some periods may be excluded from their term of SOL, and others might even reset the period. For example, it is common practice in many state SOL statutes to totally exclude periods of residency outside the US from the term of the SOL. Moving into a state is usually covered by specific paragraphs of their statute and may even defer to statutes of other jurisdictions over which they don't have direct authority.

I suggest you carefully read your state SOL statute, and be on the lookout for any provisions of term extension, exclusion, or reset based on issues applicable to you. There are up to 50 different answers to your question.