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Re: why chat law guy-being sued bcause I moved to another state


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Posted by Why Chat (209.240.198.61) on March 18, 2003 at 23:28:19:

In Reply to: why chat law guy-being sued bcause I moved to another state posted by martin on March 18, 2003 at 21:22:39:


I have searched the RI statutes as thoroughly as I could.I have long been dreading a post from a RI resident -- now the time has come.

To begin with, the State of incorporation,or the State that your credit card says have applicable laws do not relate to your question at all.

The FEDERAL laws state that you can be sued either in the State where you signed up for the credt, OR in the State you are residing in.If you had not MOVED your residence to RI, you would not be subject to the RI SOL.

That being said, although I have found no caselaw or statutes or defintions to support my opinion, I THINK it MAY be possible if you WERE sued in RI to successfully claim the 4 year UCC SOL.

RI has no provision as does almost every other "long" SOL State to exempt actions on accounts which had passed SOL before someone moved to RI. There IS such a provision in the UCC,however RI law is VERY difficult for me to research, and I do not wish to give you any false hopes.

SO,in short, yes you can be sued in RI, however I doubt that will happen, since you weren't already sued in Ca. and your debt has long since been charged off by the RI bank and sold to a series of bottom feeder CA's.


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