Re: why chat-states exempt from sol

Posted by lawguy (151.205.69.193) on March 17, 2003 at 14:30:42:

In Reply to: why chat-states exempt from sol posted by martin on March 17, 2003 at 08:02:32:

Theres no easy answer here.

It will be determined by the laws of the state in which the potential suit is brought (the forum state). These laws will determine if the forum state's SOL will apply, or if another state's SOL will apply.

As far as I know, there is no state that will entertain a suit that is past its own SOL. But I don't know for sure, its possible that some state out there has some wierd statute that would permit it.

Now many states have laws that state that the SOL of the state where the cause of action accrued will apply, if that SOL is shorter than the forum states. Sometimes these will apply to contract and account suits, othertimes just to tort suits, or however the state legislature decides to do it.

Also, the "state where the cause of action accrued" may not be as clear as we might think. The answer to that question will be determined by the choice of law rules of the forum state. But each state interprets these things different.

Say you sign a promissory note to a New Mexico bank to pay 10,000. You live in Texas at the time and sign the note in TX. Under the terms of the note, you are to send money to the NM bank in NM. The note also says that it is to be governed by the laws of New York state. You eventually stop making payments.

Whether the cause of action accrued in TX or NM will be determined by the laws of the state where the suit is brought, and the answer will vary from state to state. Some states will say Texas, some NM, and still others might say New York.

So theres no way to really give a database or list of these statutes for each state, because it will involve a whole lot more than just looking at one statute. Because it will come down to the facts of any particular situation: i.e. The nature of the obligation; the forum state and its laws; the state of accrual and its laws; the relevant dates involved, etc...

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