What is the applicable statute of limitations regarding a cause of action when several jurisdictions are involved?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the applicable statute of limitations regarding a cause of action when several jurisdictions are involved?
There is a possibility I will be served a petition shortly for a debt. The original debt owner maintains a copy of their lending terms on their website – the terms state that the laws of the US and the State of UT shall be applicable. I entered into the alleged contract while I was a resident of SC. I am currently a resident of GA. What state’s statutes will govern the processing of the suit? Does GA have a “borrowing” statute?
Asked on July 13, 2011 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
For a more definitive answer, bring the agreement to an attorney, describe the circumstances in detail, and let him or her provide an opinion based on all the specifics. That said, you indicate that the terms state that the laws of the state of Utah will apply. If that's the case, then a court in any jurisdication in which the matter is brought would apply Utah's laws, including Utah's statute of limitations. So, based on what you write, it would seem to be the Utah statute of limitions, though again, you need a lawyer to look at the exact language of the agreement and the precise circumstances of your case to come to a more definitive answer for your specific circumstances. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.