[spinn]

I am lost as to how to determine this statute of limitations.

If one lives in Texas and incurs a debt with the date of last activity in 2001, and then moves to Florida for a year or so and has now lived in New York for fours years or so, what is the statute of limitations?

I assume it is New Yorks six years but am not familiar with what happens if you change sates so many times.

[jlynn]

You would have to read NY's state statutes to see how it would be handled.

[centex]

jlynn nailed it...different states have a borrowing provision, but I don't know whether New York does. And even among those that do, you need to review when it kicks in, since a period of residency is generally required before acquiring the protections of the new state's SOL on litigation.

[spinn]

If anyone is watching...per another board apparently NY does have a borrowing statue. That means the statute of limitations for Texas applies because the debt was accrued there:


Since the CoA appears to have accrued in TX, and NY SOL is not in your favor, TX SOL would likely apply.

N.Y. C.P.L.R. 202
§ 202. Cause of action accruing without the state. An action based
upon a cause of action accruing without the state cannot be commenced
after the expiration of the time limited by the laws of either the state
or the place without the state where the cause of action accrued, except
that where the cause of action accrued in favor of a resident of the
state the time limited by the laws of the state shall apply.

Now if I only knew what CPLR stood for so I could find this myself.....

[Gib]

Civil Practice Law and Rules

[spinn]

Thanks...couldnt figure that out for the life of me.

Anyway.....here they are:

http://caselaw.lp.findlaw.com/nycodes/c16/a3.html

As an aside...the legalise of that would of made it impossible for me to find. The title of that section is: Cause of action accruing without the state

the phrase "without the state" I guess means outside of the state of NY, but I have never seen it expresseed that way.