[fellowtraveler]

My question involves collection proceedings in the State of: Florida

I am permanently moving from the state of Florida where SOL is normally calculated as lasting four years, to another state where SOL is also four years.

I am only unsure about the Florida Statutes provision that says:

"The limitations period begins from the date the last element of the cause of action occurred, (95.051). [COLOR="Red"]NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state[/COLOR] and each time a voluntary payment is made on a debt arising from a written instrument."

The above clause is ambiguously written and leaves much to interpretations because it is not defined what absent really means?

Is SOL period tolled (stopped) when I move to another state permanently, because I will be absent from Florida? For all I know I may be absent from Florida forever since this move to another state is supposed to be permanent. Does that mean my SOL period is stopped forever,

OR

do I fall under SOL in my new state, once I moved there and practically declare my residency there by getting a home, new driver's license, bank account etc?

[jk]

Is SOL period tolled (stopped) when I move to another state permanently, because I will be absent from Florida? For all I know I may be absent from Florida forever since this move to another state is supposed to be permanent. Does that mean my SOL period is stopped forever,
?

it depends if there are borrowing laws in the new state that apply. If you are betting on the SOL expiring, it's often not a good bet in the situation you are describing.

[JeffS]

I would think any reasonable judge would go with 4 years. being 4 year sol in both states.
I can't see how it would toll for ever if you move.

[fellowtraveler]

it depends if there are borrowing laws in the new state that apply.

Is too much if I ask where I can find out about that?

If you are betting on the SOL expiring, it's often not a good bet in the situation you are describing.

What situation am I describing? Both states have SOL of four years. I am simply asking under what state SOL do I belong? My old state, or the new one? I never had any collection attempt or lawsuit, but if I do what happens if it originates in Florida, while I am living across the country? Not only is SOL in play here, but the proper court's jurisdiction, is it not?

Between the lines, I am also asking whether I can be permanently penalized by my old state for moving out of that state permanently (and therefore being permanently absent in regards to SOL period toll clause)?

[Betty3]

What state are you moving to & what type of debt? Thanks.

[jk]

I would think any reasonable judge would go with 4 years. being 4 year sol in both states.
I can't see how it would toll for ever if you move.

reasonable has nothing to do with it. Applicable law must be applied and if it does not allow the new states SoL to stand in place for the Florida debt and as Florida does have a tolling statute, it can toll indefinately in some situations. There are other defenses after a point but that is another lesson.

[jk]

=

fellowtraveler;240937]Is too much if I ask where I can find out about that?

No but I'm not quoting 49 other states laws and let you pick which one is applicable. What state are you moving to?

What situation am I describing?

Gambling that the new resident states SoL will be applied to the debt. Without the germane state known, it is impossible to tell you how things can end up.

Both states have SOL of four years.

IBut there are other laws that may or may not allow the new states SoL to be considered. As I explained to the other guy previously, if the new states SoL cannot be imposed, Florida's tolling statute will be in effect and toll the running of the Florida SoL until such time you returm to Florida.

am simply asking under what state SOL do I belong?

I'll guess Hawaii. I always wanted to go to Hawaii.

How do we know? We have no idea what the new resident state is.

My old state, or the new one? I never had any collection attempt or lawsuit, but if I do what happens if it originates in Florida, while I am living across the country? Not only is SOL in play here, but the proper court's jurisdiction, is it not?

Maybe, maybe not.

Between the lines, I am also asking whether I can be permanently penalized by my old state for moving out of that state permanently (and therefore being permanently absent in regards to SOL period toll clause)?

it depends, just like in my first answer.

[aaron]

Whatever the circumstances are in the new state, if the statute of limitations is tolled in Florida and it's a Florida legal matter, there remains a possibility of litigation in Florida. The new state's statute of limitations, and whether or not they have a borrowing statute, won't change Florida's application of its own limitations laws.

[fellowtraveler]

Moving to Calif.

And let's make one more thing absolutely clear. I am moving there because life is taking me there, and not to "bet" or "gamble" on SOL (as one of you insinuated twice).