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  1. #4
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    Mar 2013
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    Default Re: 4 Year Debt Moved Out of State

    Quote Quoting jk
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    Jack, by chance did you check for a borrowing statute in indiana?
    I did now.

    Quote Quoting jk
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    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

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