What statute of limitations law applies when you move from one state to another?
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What statute of limitations law applies when you move from one state to another?
I was just served a summons for a debt the originated in my former state of residence. The last payment made on the account was almost 5 1/2 years ago. The statute of limitations expired while I was still living in my former state. However, 9 months ago I moved out of state. Under my new state’s law the SOL has not passed. I spoke to a local attorney who said that since the summons was filed in my new state that my current state’s law applies. That just doesn’t seem right to me and I don’t know what to do. I could claim SOL but I can’t afford to pay an attorney to represent me in court.
Asked on January 14, 2012 under Bankruptcy Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The statute of limitations is a procedural law--it governs court and legal procedures. As such, the statute of limitions of the state wherein the suit is filed will generally apply, since the courts of that state will look to their own SOL in most cases. To file in a state, there must be some connection to that state, but generally someone is allowed to file in the state of residence of the defendant. So it may be that my moving to a new state, you have allowed the creditor access to a new SOL.
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