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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Military Service and Statute of Limitations of Debt

    My question involves collection proceedings in the State of: Florida & Nevada

    I am curious concerning the statute of limitations of debt.

    To set the stage:

    I was in the military for many years and have been stationed all over the country. My debt was incurred in different states (Virginia, Georgia, Nevada and Florida) at different times throughout my service. My last duty station was in Nevada from 2002 until 2009. When I left the service I moved back to Florida, my home of record. I have been living here since Mar 2009. I went through a nasty divorce in Nevada in 2007. My ex defaulted on our debt, some joint and some only mine. I was nieve and trusted her to take care of the finances. I had to learn the hard way!!! Most of my debt was charged off by the original creditors and bought by collection agencies while living in Nevada.

    1) What states jurisdiction would I fall under?

    2) Would my debts be tolled for each state they were incurred and when I moved or where the last payment was made?

    3) Does Florida take precedence because of my military service and home of record?

    Any help or additional information I am missing would be greatly appreciated.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Military Service and Statute of Limitations of Debt

    You're under the jurisdiction of where the debts were incurred. In most states the SOL is tolled when you are out of the state. Charge off means nothing. Your military service means nothing (other than it blocks them being able to bring civil actions while you are on active duty).

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Military Service and Statute of Limitations of Debt

    If I continue to reside in Florida and a judgment is brought against me in a Florida court, will the Florida Statue of limitations take precedence?

    I understand the debts would be tolled in the original state they were incurred. Unless I move back to that state is it irrelevant?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Military Service and Statute of Limitations of Debt

    The statute of limitations that applies is that of the state the lawsuit is brought. There's no "precedence." If they sue you in Florida, the Florida SOL applies.
    If they sue you in Virginia, the Virginia SOL applies and the time you spend out of state tolls that.

    Where you live doesn't much matter. They can sue you in Virginia if there is jurisdiction there (i.e., you borrowed the money there, etc...)

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