tcopePremium
join:2003-05-07
Sandy, UT
kudos:2 | reply to guppy_fish
Re: General info needed about Statute of Limitations said by guppy_fish:said by tcope:The SoL applies to where ever the court case is being heard.
Usually this is where the bank is located or where the contract was signed. Just because you moved does not mean you can change the jurisdiction.
Not correct, the suit is always where the defendant is legally a resident of. Actually what I stated is correct. If I have a disagreement with my bank I can bring the suit in the state where I signed the contract or the state they are domicialed in. I have no disagreement that it makes no sence to bring it in the banks state but it can be done.
said by guppy_fish:SOL will be the laws of the state you are considered a resident in and where the judgement is being sought. As mentioned in my example, this would be incorrect. You and I cannot sign a contract in FL, I then move to Puerto Rico and I then claim you can't file in FL because I _now_ live in PR (or Canada, or Russia, etc.). Your statement that the SoL applies where the person lives _and_ where the case is filed makes no sence as this could very well be two different locations. Bottom line, it's were the case is _filed_ as that is the only courts opinion that matters. |
