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guppy_fish
Premium
join:2003-12-09
Lakeland, FL
kudos:1
Reviews:
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reply to tcope

Re: General info needed about Statute of Limitations

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.

People "move" to Florida all the time due to the very liberal BK laws here. SOL will be the laws of the state you are considered a resident in and where the judgement is being sought.

bmilone2

join:2001-01-26
Mays Landing, NJ

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.

People "move" to Florida all the time due to the very liberal BK laws here. SOL will be the laws of the state you are considered a resident in and where the judgement is being sought.

Guppy is correct, the suit would be opened in the State that the debtor lives.

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
reply to guppy_fish

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.

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
reply to bmilone2

said by bmilone2:

Guppy is correct, the suit would be opened in the State that the debtor lives.

So I can sign a contract, move to Russia and the person who sues me needs to do so in Russia... just because I "moved" there?

A person cannot run from their contracts and make the other party hunt them down and file in that state. That make not make any sense whatsoever.

If you want to sue someone you need to serve them. However, even if you can't find them you can still do due diligence. This might involve placing ads in a local paper and then filing a motion for a court to accept this. Happens all of the time. If you break a contract with someone you simply cannot move to a state that is more favorable to you in order to have the case heard there.

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5

said by tcope:

said by bmilone2:

Guppy is correct, the suit would be opened in the State that the debtor lives.

So I can sign a contract, move to Russia and the person who sues me needs to do so in Russia... just because I "moved" there?

A person cannot run from their contracts and make the other party hunt them down and file in that state. That make not make any sense whatsoever.

If you want to sue someone you need to serve them. However, even if you can't find them you can still do due diligence. This might involve placing ads in a local paper and then filing a motion for a court to accept this. Happens all of the time. If you break a contract with someone you simply cannot move to a state that is more favorable to you in order to have the case heard there.

I have to say, with my limited knowledge of the court system, short of signing some agreement to only bring a lawsuit in a specific state/area, this is true. I think the only requirements to file a lawsuit in a specific state is that the plaintiff or defendant needs to have some kind of "presence" there. This can be where one of you lives or has a place of business.

bmilone2

join:2001-01-26
Mays Landing, NJ
reply to tcope

said by tcope:

said by bmilone2:

Guppy is correct, the suit would be opened in the State that the debtor lives.

So I can sign a contract, move to Russia and the person who sues me needs to do so in Russia... just because I "moved" there?

A person cannot run from their contracts and make the other party hunt them down and file in that state. That make not make any sense whatsoever.

If you want to sue someone you need to serve them. However, even if you can't find them you can still do due diligence. This might involve placing ads in a local paper and then filing a motion for a court to accept this. Happens all of the time. If you break a contract with someone you simply cannot move to a state that is more favorable to you in order to have the case heard there.

In the situation being disussed by the poster, yes the creditor would have to go after the debtor in the state of their residence. The reason for this is that lets say for example the creditor is in New York State and the Debtor is in Florida. If the creditor gets a judgement in a New York Court it is not automatically recognised in other States. If the debtor has assests in New York State, then of course the creditor could seek those assets. But if the assets are in Florida the creditor would have to use an Attorney licensed in Florida to petition the court to accept a New York judgement (which will fail) or start an action for judgment in the Florida Courts.

You are correct that if someone moves it doesn't mean they no longer owe the money, but it does mean the creditor has to collect the assets in the State that they exist in.
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