SOL defense/ dealing with 2 states

[shellbe91671]

What is the name of your state? Georgia & Mass

If using the SOL defense in a Georgia court, can Massachusetts SOL date come into play and be used against me. What is the debt buyers defense if SOL is used by me and successful. Mass SOL may be just inside of boundary of limit. Awaiting Credit Report now.

I don't want any surprises in court. Just wondering what there biggest push in court would be.

Also, when placing my Answer with the Court does this cost for me to do this....just making sure if I need to hit the ATM before hand.

Thanks for helping!

[shellbe91671]

Thanks Guru...

[JETX]

Actually, Reverser is not correct.
The plaintiff CAN refer to the Mass SOL to validate his claim..... even if brought in Georgia.

Also, as I noted in your previous post, you need to be aware (a lot of the responders seem to ignore this issue, as you did) that the SOL in most states FREEZES when you leave the state.

For example, the SOL for both oral and written agreements in Massachusetts is six years (MA Gen Law 260, section 2). However, that period FREEZES when you leave the state as provided by MA Gen Law 260:
"Section 9. If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and if, after a cause of action has accrued, the person against whom it has accrued resides out of the commonwealth, the time of such residence shall be excluded in determining the time limited for the commencement of the action; but no action shall be brought by any person upon a cause of action which was barred by the laws of any state or country while he resided therein."

As for your current residence in Georgia, you have to look at the GA code. You are lucky that GA does NOT allow for extensions of the SOL:
"9-3-53.
Nothing in this article shall extend the period of limitations prescribed by the law of this state for the bringing of any action or shall postpone the time as of which a cause of action accrues."

So, after all of that, it APPEARS that you may be safe IF the SOL has expired in GA.... and that expiration would then make the MA SOL also expire.

[shellbe91671]

Thank you JETX....please read my other post about kicking my own butt....its is a different case totally. Thanks for the input...its very helpful.