Re: Moved from OH to MO-which SOL?

Posted by Why Chat (209.240.205.61) on June 21, 2004 at 15:18:01:

In Reply to: Moved from OH to MO-which SOL? posted by eagle on June 21, 2004 at 14:06:47:

You can use the SOL defense, with the 4 year Oh. SOL. You will need to have as your exhibits a copy of the Oh. statute for it's 4 year SOL, (from the Oh. page on my website) and proof of the date AND PLACE of first default, prior to chargeoff in Dec. 2000. If the filed claim against you gives a date of default of 12/2000 or prior, you can use that.

In addition, you will use instead of the Mo. SOL Statutes this:

Missouri law provides: Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts in this state.� Mo. Rev. Stat. � 516.190.

This borrowing statute operates to adopt the foreign State's statute,thereby barring the action in Missouri as well.

The operative term in the borrowing statute is where the action originates.� A cause of action originates under Missouri law at the place where plaintiff's alleged damages stemming from the pleaded cause of action are sustained and capable of ascertainment.

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