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  1. #1
    Join Date
    Dec 2011
    Posts
    7

    Default Statute of Limitations After Moving Out of State

    My question involves collection proceedings in the State of: Michigan

    A year ago, my husband and I moved from Florida to Michigan - SOLs being 5 and 6 years respectively. We have various debts - some credit card (his only), a reposessed car, some medical. Other than the car, nothing that big. We do not have any current law suits against us, and hope we never do - but want to be prepared just in case.

    Although we want to work at paying off our debts (we are working on our current car loan first before working on older debts), we don't know what to consider the SOL on the older debts. The reposessed car was my husband's before we even met, and the FL SOL would have termed last year. The MI SOL would term this spring. But, I've read a few places that FL SOL laws state that when you leave the state the SOL freezes until you come back and then starts again.

    If we never move back to FL, could the companies we owe money to still sue us indefinately for our debts? We left FL before the car's SOL had run it's course, and that's one we don't plan on paying back (it was repoed incorrectly, and my husband tried to fight it but we didn't have the money to deal with lawyers once we got together). We want it to just... go away, if you know what I mean. But I don't know what to do about the SOL rules with FL.

    Are there any particular things we should watch out for in this whole matter? We do not want to do bankrupsy, and know we'll likely not pay off all the debt but want to pay most of it off if we can. I just don't know what to do about the SOLs and whether or not it is currently frozen for all our FL debts that had not yet termed when we moved.

    THANK YOU!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,604

    Default Re: Statute of Limitations After Moving Out of State

    You are correct, the florida limitations toll (get put on hold) when you are absent from the state. That's not to say that you can't be sued in the interim.
    It's not going to just "go away." The Michigan SOL doesn't apply unless they have standing to sue you in Michigan courts.

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