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Re: States SOL

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Posted by Why Chat ( on June 04, 2004 at 07:34:50:

In Reply to: States SOL posted by Rus on June 03, 2004 at 22:11:43:

In general, the SOL of the State where you are sued is the one that prevails.

A creditor is allowed to file suit against you EITHER in the State you are living in now, OR in the State you lived in when you applied for and obtained the credit. (They still must SERVE you where you now live).

There ARE some "loopholes" for some States, however. If you are NOW living in State A with a 6 year SOL, applied for and took out the account in State B with a 5 year SOL, but had your first default in State C with a 3 year SOL, you MAY be able to claim the 3 year SOL EVEN if you are sued in State A.

Many ( but not all) "long" SOL States have statutes (all differently worded) that exempt people who have moved to their State from a State where their SOL has already expired.

I have MOST of these exceptions posted on the individual State pages on my website.

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