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Which Statute of Limitations on a Debt is Applicable if I’ve Moved

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  • 05-31-2017, 06:19 PM
    photogirl79@hotmail.com
    Which Statute of Limitations on a Debt is Applicable if I’ve Moved
    My question involves collection proceedings in the State of: Illinois. I opened a credit card there in 2012. This year, I moved to Indiana. The credit card company just sent me via snail mail a letter to my residence in Indiana which basically encourages me to open a new credit card with them to roll over the debt. They go on to quote me the Statue of Limitations which appears to be ten years in Indiana. Illinois is five years. In this case, which SOL would apply?
  • 05-31-2017, 06:42 PM
    jk
    Re: Which Statute of Limitations on a Debt is Applicable if I’ve Moved
    Not sure what you are asking. Unless sued the statute of limitations is irrelevent.

    If sued, it would depend on where you are sued. If sued in Indiana the 10 years would apply. If sued in Illinois the 5 years would apply unless the sol tolls (stops running) if you leave the state. If so there would be no limit and they could sue you any time.
  • 05-31-2017, 06:56 PM
    adjusterjack
    Re: Which Statute of Limitations on a Debt is Applicable if I’ve Moved
    I don't know where you are getting all your information, but it's wrong.

    Actually, what they are trying to get you to do is give them written acknowledgment of the debt and a new payment plan which starts the SOL from scratch and gives them 6 years to sue you for any new default.

    If you are already in default for several years, don't do it.

    Indiana Code 34-11-2-11 - Contracts in writing OTHER that for the payment of money is 10 years.

    Indiana Code 34-11-2-9 - Contracts in writing for the payment of money is 6 years.

    Indiana Code 34-11-2-7 - Accounts and contracts not in writing 6 years.

    Illinois Code 735 ILCS 5/13-205 - Unwritten contracts - 5 years

    Illinois Code 735 ILCS 5/13-206 - Written contracts - 10 years.

    Your creditor has plenty of time to sue you.

    An Illinois creditor could claim that it has 10 years to sue you in spite of you living in Indiana but I don't think that's going to fly. My guess is that the creditor would make sure to sue you within the 6 years of your default.
  • 05-31-2017, 08:50 PM
    jk
    Re: Which Statute of Limitations on a Debt is Applicable if I’ve Moved
    Quote:

    Quoting adjusterjack
    View Post
    I don't know where you are getting all your information, but it's wrong.

    Actually, what they are trying to get you to do is give them written acknowledgment of the debt and a new payment plan which starts the SOL from scratch and gives them 6 years to sue you for any new default.

    If you are already in default for several years, don't do it.

    Indiana Code 34-11-2-11 - Contracts in writing OTHER that for the payment of money is 10 years.

    Indiana Code 34-11-2-9 - Contracts in writing for the payment of money is 6 years.

    Indiana Code 34-11-2-7 - Accounts and contracts not in writing 6 years.

    Illinois Code 735 ILCS 5/13-205 - Unwritten contracts - 5 years

    Illinois Code 735 ILCS 5/13-206 - Written contracts - 10 years.

    Your creditor has plenty of time to sue you.

    An Illinois creditor could claim that it has 10 years to sue you in spite of you living in Indiana but I don't think that's going to fly. My guess is that the creditor would make sure to sue you within the 6 years of your default.



    Did you look for a tolling statute in Illinois? Many states have them. If Illinois does since he left the state the sol clock stops running. That means they can sue in Illinois regardless of the years after default.
  • 05-31-2017, 09:10 PM
    Mr. Knowitall
    Re: Which Statute of Limitations on a Debt is Applicable if I’ve Moved
    Although many states have "borrowing statutes" that will apply a shorter statute of limitations from a jurisdiction where a cause of action accrued, while the defendant was living out-of-state, Indiana does not have a conventional borrowing statute. You should expect that the court of the state in which you are sued will apply that state's own statute of limitations. Statutes of limitation are considered to be procedural laws and thus, absent a law that requires the use of an out-of-state statute, courts will normally apply the laws of the state in which the lawsuit is filed even if the cause of action accrued in a different state.
    Quote:

    Quoting IC Sec. 34-11-4-2. Bar of cause of action is defense
    When:

    (1) a cause of action arose outside of Indiana against a nonresident defendant;

    (2) the defendant does not maintain an agent in Indiana forservice of process or other person who, under the laws of Indiana, could be served with process as agent for the defendant; and

    (3) the cause is fully barred by the laws both of the place where the defendant resides and of the place where the cause of action arose;

    the bar of the cause of action under subdivision (3) is a defense.

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