What is the applicable statute of limitations regarding a cause of action when several jurisdictions are involved?
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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 12 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.
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