[Dixiedrifter]

Ok so I am in the hole about $35K with a bunch of JDBs... Midland, Portfolio, Asset, you name it, they are there.

Knock on wood, ain't been sued yet.

Now then, the 4 year default anniversary will be coming up in about 2-4 months on all my debts.

Currently I am in TN. Cousin is in Las Vegas and is needing a roomate.

TN SOL 6 years, NV SOL 4, 5 or 6 depending on how the statutes are interpreted.

Now then question is, if I move to NV, and the 4 year SOL period slips by, would I be in the clear?

And, does anyone have any case law to back up NV SOL.

If I can just get clear of the SOL, I will start sueing those JDB's left and right in USDC. Not for sure if NV is in the 9th circuit or not, but if they are I hear its not exactly the most JDB friendly forum out there.

Thanks guys.

[vialna]

NEVADA %

INTEREST RATE

Legal: 2% Over Prime

Judgment: 2% Over Prime

STATUTE OF LIMITATIONS (IN YEARS)

Open Account: 4

Open Acct-For Goods: 4

Written Contract: 6

Lease: 4

Domestic Judgment: 6

Foreign Judgment: 6

BAD CHECK LAWS (CIVIL PENALTY)

Amount due, protest fees three times check amount not more than $500, or less than $100

GENERAL GARNISHMENT EXEMPTIONS

Garnish only. 25% of Disposable earnings for each week or 30 times federal minimum hourly wage (whichever is less)

COLLECTION AGENCY BOND & LICENSE

Bond: $25,000 to $50,000

License: Yes

Fee: $250 - App. Survey $300 - Original $200 - Renewal

Exemption for out-of-state collectors:

Out-of-state collectors are exempt IF

[1] collecting by interstate means (phone, fax, mail); and

[2] collecting for an out-of-state client.

heres the sol for nevada...cc are considered open account


heres a helpful site...read. read. read...

Why Chat's Credit Confusion

[VexatiousLitigant]

You're better off moving to Texas where the written SOLC is 4 years.

[Pale Rider]

1 You would also need to check if Nevada has borrowing statutes that would use the longer TN SOL in this type case.

2 Do you plan to go back to TN? TN may have a statute that temporary absence from the state tolls SOL until your return.

3 Do the contracts call for mediation or use of a 3rd state's law for all disputes? That may muddy the water further.

[Dixiedrifter]

Unfortunately after doing some digging, NRS defines credit card agreements as being in writing... its not explicit, but it is in the part regarding requirements of credit card issuers when they issue credit cards.

Basically the statute states that credit card issuers must send a written or writing of the agreement after the account has been approved.

So Nevada may not be of much help to me after all.

But, I think that the choice of law provisions might help, provided of course I can get my hands on them. (Chunked em years ago).

[Pale Rider]

How would that requirement apply to a case like this where you were in another state that did not require written agreement? I don't know what TN statutes or courts say, but could they sue you in NV for account that was based on TN statutes that had different provisions? That is where the borrowing statutes get tricky. Some states will say that if the SOL was past in TN, you can't sue here either. Moving before the TN SOL would kill that issue if the SOL is tolled.

So, I am not suggesting that you do any of the following or condoning any action at all. Just thinking out loud for the sake of hypothetical discussion.

Could you wait to move until after 4 yr SOL is past? This may not help in the end, but why move just before it if it will help.

I assume you would be getting a job in NV, but what else is necessary? The less you put in your personal name the harder it would be for location purposes. If they haven't sued in 4 years, they may not sue in 6. But, why make it easy for them to find you.

In the mean time you could research more and see what options you have. Of course you would not be able to sue without them locating you.