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05-13-2008, 10:36 AM
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Member
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Join Date: Apr 2008
Location: SW WY
10 posts, read 20,851 times
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Question about SOL
If you move out of state after the account is already in collections, which state's statute of limitations applies? The one where the debt was accrued or the one you currently live in?
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05-13-2008, 01:28 PM
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Senior Member
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Join Date: Nov 2007
Location: Ohio
1,909 posts, read 1,016,875 times
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Quote:
Originally Posted by niknanette
If you move out of state after the account is already in collections, which state's statute of limitations applies? The one where the debt was accrued or the one you currently live in?
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It depends on the state. |
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05-13-2008, 01:33 PM
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Member
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Join Date: Apr 2008
Location: SW WY
10 posts, read 20,851 times
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So how do I find this out? debt was applied for/accrued/sent to collections in MI. Now live in Wyoming....I like MI's SOL better.  |
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05-13-2008, 01:51 PM
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Senior Member
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Join Date: Nov 2007
Location: Ohio
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Wyoming is way out in left-field, but I suspect that's because it's range country. Wyoming has a residency rule at 1-3-105 (b)(iii) that puts the statute of limitations at 5 years if the cause of action accrued outside of the state.
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05-13-2008, 02:42 PM
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Member
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Join Date: Apr 2008
Location: SW WY
10 posts, read 20,851 times
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Thanks! I like that much better than the 10 year rule.
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05-14-2008, 05:43 PM
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Senior Member
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Join Date: Nov 2007
Location: Ohio
1,909 posts, read 1,016,875 times
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Quote:
Originally Posted by niknanette
Thanks! I like that much better than the 10 year rule.
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No doubt. Like I said, I think it extends back from the old days when it was cattle and sheep ranches to make sure debts were collected. |
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05-14-2008, 09:26 PM
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Senior Member
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Join Date: Apr 2007
Location: South Dakota
572 posts, read 524,311 times
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The state where the cause of action arose controls. If you incurred the debt in Michigan, the Michigan limitation applies.
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