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  1. #1
    Join Date
    Feb 2011
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    Default Jurisdiction and Applicable Statute of Limitations

    My question involves collection proceedings in the State of: California

    I was served with a summons yesterday afternoon, filed in the county in which I currently reside in CA. The original loan was taken out while I was attending university in Louisiana. I was expelled from the school for not meeting academic requirements (a prolonged illness prevented me from attending class, but it was too late for me to withdraw for the semester).

    The promissory note for the private student loan in question was signed in Louisiana, using the temporary student address I had at the time. At no point while I was attending school in Louisiana did I become a permanent resident - I continued to vote in CA elections, paid CA state income tax, and had a CA ID card.

    A Jurisdiction and Venue clause in the Note states that I, the Borrower, consent to jurisdiction and placement of venue in the courts of Ramsey County, Minnesota.

    I'm having trouble figuring out which SOL applies to the situation to file my response in court - In CA and MN, the SOL is quite definitely expired, but if I'm supposed to follow the LA SOL then they've filed within the time limit (barely).

  2. #2
    Join Date
    Sep 2005
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    Default Re: Jurisdiction and Applicable Statute of Limitations

    It's possible that no statute of limitations applies, depending upon the nature of the loan. (Saying it's 'private' isn't enough to answer that question.)

    Statutes of limitation are generally regarded as procedural such that, absent a borrowing statute, the applicable limitations period is normally that of the venue in which the suit is filed. Choice of law provisions normally only apply to substantive law. California's borrowing statute provides:
    Quote Quoting California Code of Civil Procedure, Sec. 361.
    When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued.

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