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One more question, lawguy...


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Posted by nc (208.190.181.225) on April 09, 2003 at 15:06:30:

In Reply to: oops, misread posted by lawguy on April 09, 2003 at 14:54:12:

The repo was done in WA...6 year sol on contracts. I live and have lived in TX for 3 years. SOL is 4 years. My reasoning is that the oc will sue in WA, since htey have the longer sol and that is where the contract was signed. Even though I am a resident of TX, I'm guessing they would choose to make things more difficult by filing in a jurisdiction 2000 miles away.

So, tell me if Im reading you right...MOST states (not sure if TX or WA do this) say that auto sales DO fall under SOL for article 2, not article 9, for which there is no specified sol. You say that some states like nc and md that general state sol for contracts applies. I wonder if this is true because nc sol on contracts is shorter that ucc article 2 (3 instead of 4). In most cases, when an sol is shorter, the shorter applies. Not sure if this is true w/ MD as well. Do they have an sol on contracts longer than 4 years?

WA state, like I said is 6 years on contracts. That is why I was wondering if ucc applies. The WA STATE ucc equivalent states 4 years for sales contracts. Just need to find out whether or not WA and TX include auo sales as part of Article 2 sol or if standards would apply. I guess it makes no difference for TX, because TX sol on both is 4 years.

Thanks for you help in interpretting this stuff!

Nikki





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