[andrewvettese]

My car was reposesed in florida 5 years and 2 months ago, and I have since moved to Georgia....

I am now being sue in georgia for the deficency balance.. The Plantiff is arguing the 6 year Georgia statute of limitations applies, and of course I feel the 5 year Florida Statute applies thus meaning the suit should be throw out...
The plantiff entire case is based on the "case law" Lloyd V. Prudential Securities as a basis and saying that in Georgia the statute of limitations is procedural and the laws of the fourm state apply.... I belive the statute of limitations is substantive and the state where the casue of action accured should apply...

Dose anybody have any hard facts I can provide or reference to help my case???

[aaron]

It does not appear that Georgia has a "borrowing statute" that would require the court to apply the Florida limitations period - you should confirm that with a local lawyer, as I may have missed something. It does, however, potentially allow you to raise the defense of laches (undue delay); however I suspect that provision applies only to claims brought in equity as opposed to claims under law, and breach of contract is a legal claim.

Unless otherwise provided by law, limitation statutes shall apply equally to all courts. In addition, courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal rights.

[andrewvettese]

so are you saying the statute of limitations is procedural?

I am basing most of my information on internet research like this...
http://www.gabaradmissions.org/pages/bar0700a.html
look at question 2 sample answers 2 and 3... it is a case very similar to mine...

and what I think I understand from that sample bar test is, the statute of limitations is a substantive law and the florida statute would apply here...