Re: SOL --state contact signed or state now living?
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Posted by lawguy
(68.119.155.69) on March 15, 2003 at 20:59:39:
In Reply to: Re: SOL --state contact signed or state now living? posted by Trisha on March 15, 2003 at 20:31:00:
If the suit were to be brought in Texas, then the TX limitations period would be applied. If the suit is brought in Alabama, then whether the Ala or TX statute applies will be determined by when you changed your residence from TX to somewhere else. Ala.Code 6-2-17 "When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar thus created is effectual in this state against any action commenced thereon in the same manner it would have been in the state or country where the act was done or contract made." Thus, if you were a resident of TX when the TX limitations period had run out, then Alabama will apply the TX statute and not permit the suit to be brought in its courts. Otherwise, Alabama will use the Alabama limitations period.
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