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What State's Statute of Limitations Applies if You Move After You Default

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  • 06-20-2014, 12:34 PM
    saraht43
    What State's Statute of Limitations Applies if You Move After You Default
    My question involves collection proceedings in the State of: TX

    I moved to Indiana almost 4 yrs ago from Tx. Today I recieved phone call regarding a medical bill from a debt collector about a bill supposedly incurred in TX in Nov 2009 over 4 yrs ago....the statue of limitations on debt collection in Tx is 4yrs and in IN 6yrs.......which applies to this debt.

    ST
  • 06-20-2014, 01:19 PM
    adjusterjack
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting saraht43
    View Post
    My question involves collection proceedings in the State of: TX

    I moved to Indiana almost 4 yrs ago from Tx. Today I recieved phone call regarding a medical bill from a debt collector about a bill supposedly incurred in TX in Nov 2009 over 4 yrs ago....the statue of limitations on debt collection in Tx is 4yrs and in IN 6yrs.......which applies to this debt.

    ST

    The TX SOL was tolled (stopped running) when you left TX.

    Sec. 16.063. TEMPORARY ABSENCE FROM STATE. The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person's absence.

    So the creditor can sue you under the Texas SOL which only ran for about a year, or under the Indiana SOL

    Either way I don't see you having an SOL defense.
  • 06-20-2014, 01:38 PM
    jk
    Re: 4 Year Debt Moved Out of State
    Jack, by chance did you check for a borrowing statute in indiana? If there is one it could impose the Texas sol
  • 06-20-2014, 04:29 PM
    adjusterjack
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting jk
    View Post
    Jack, by chance did you check for a borrowing statute in indiana?

    I did now.

    Quote:

    Quoting jk
    View Post
    If there is one it could impose the Texas sol

    It doesn't.

    Well, to be more accurate, it doesn't address an out of state SOL at all but, by the same token, does not state any exception to the 6 year SOL that would imply that the Texas SOL controls.

    https://iga.in.gov/legislative/laws/.../articles/011/

    However, a little more research, yielded a 1970 decision of the Indiana Court of Appeals that analyzed, at great length, the issue of out of state SOLs.

    The case, itself, does not have the same parameters as the issue in question here. It's a personal injury case where the suit was filed in Indiana (after the 2 year SOL expired) but the accident happened in Michigan (3 year SOL). The court made it clear that the state in which the case was brought was the state that controlled which SOL was used and stuck the Plaintiff with the 2 year SOL and upheld the summary judgment in favor of the Defendant.

    The OP's case is the reverse. A shorter SOL in Texas (4 years) and a longer one in Indiana (6 years) I think that there were enough prior cases analyzed to make it clear that the Indiana SOL would apply if the lawsuit was brought in Indiana.

    Granted, that case decision is over 40 years old but nothing popped up that would lead me to suspect that any changes have come about since then.

    Here's the case:

    http://scholar.google.com/scholar_ca...en&as_sdt=4,15
  • 06-20-2014, 04:49 PM
    jk
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting adjusterjack
    View Post
    I did now.



    It doesn't.

    so based on everything you have said, since Indiana does not have a borrowing statute, the Indiana sol applies.

    Oh well, guess the OP best plan on having a judgment on their record if sued.
  • 06-20-2014, 06:07 PM
    adjusterjack
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting jk
    View Post
    so based on everything you have said, since Indiana does not have a borrowing statute, the Indiana sol applies.

    That's my conclusion

    Quote:

    Quoting jk
    View Post
    Oh well, guess the OP best plan on having a judgment on their record if sued.

    Or, he can pay the debt and avoid the lawsuit.
  • 06-20-2014, 06:33 PM
    jk
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting adjusterjack
    View Post
    Or, he can pay the debt and avoid the lawsuit.


    Oh Jack. For some reason I don't see paying the debt as a preferred option. If it was, OP wouldn't be here asking what they have. If they are like so many others, they are going to go the "duck and cover" route and hope they aren't sued.
  • 06-20-2014, 06:39 PM
    adjusterjack
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting jk
    View Post
    Oh Jack. For some reason I don't see paying the debt as a preferred option. If it was, OP wouldn't be here asking what they have. If they are like so many others, they are going to go the "duck and cover" route and hope they aren't sued.

    I was trying to be optimistic for a change.

    :friendly_wink:
  • 06-20-2014, 06:43 PM
    jk
    Re: 4 Year Debt Moved Out of State
    Quote:

    Quoting adjusterjack
    View Post
    I was trying to be optimistic for a change.

    :friendly_wink:

    let's see; you've been here a bit over a year and have 3000 posts. Seems like the cynicism would have settled in by now.:cold:
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