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I have 5 private student loans that originated between 1999 and 2003, I am 100% sure they are private. They are for very hefty sums. I was never able to pay them, and never made any payments. I was in CA when I originated the loans and have been living in many places since then, I am currently in MI however plan to return to CA in 4 months. The DOFD on all of them is 10/08. I recently received a letter to my MI address from a collection agency for 3 of these loans asking for payment. My guess is I woke them up because I stupidly applied for and received a Capitol One card with a credit line of 3k, likely increasing my collection score...

 

What do I do now? I cannot afford to pay for these now. As far as I understand, the SOL for CA is past, however for MI it will be 10/14... I am afraid that they are going to sue me here before I leave. Is this fear irrational or can this happen? I keep checking my local court online but do not see anything under my name.

 

Do you have any advice for me? I am paralyzed by fear.

 

Thanks for your help.

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I have 5 private student loans that originated between 1999 and 2003, I am 100% sure they are private. They are for very hefty sums. I was never able to pay them, and never made any payments. I was in CA when I originated the loans and have been living in many places since then, I am currently in MI however plan to return to CA in 4 months. The DOFD on all of them is 10/08. I recently received a letter to my MI address from a collection agency for 3 of these loans asking for payment. My guess is I woke them up because I stupidly applied for and received a Capitol One card with a credit line of 3k, likely increasing my collection score...

 

What do I do now? I cannot afford to pay for these now. As far as I understand, the SOL for CA is past, however for MI it will be 10/14... I am afraid that they are going to sue me here before I leave. Is this fear irrational or can this happen? I keep checking my local court online but do not see anything under my name.

 

Do you have any advice for me? I am paralyzed by fear.

 

Thanks for your help.

 

The SOL for written contracts in MI is 6 years so if your DOFD is 10/2008 then it would expire this year. Typically you need to reside in a state for 6-12 months for their SOL to then apply to your debts in existence at the time you take up residency. If you moved out of a shorter SOL state to MI prior to the SOL expiring then your SOL is still alive and viable. However, if the SOL expired in the state you were residing in prior to moving to MI it did not revive the SOL by moving to a state with a longer one.

 

It is likely that apply for and getting new credit did trigger their new interest as it is an indicator that you have money and could potentially pay them.

 

Your fear of suit is not irrational but the best way to predict whether you have an affirmative defense if the do is to do a time line of where you lived and for how long from the DOFD until now. If the SOL has indeed expired you can send a FOAD letter as there is nothing they can do. If the SOL is alive and well I would DV them and lay low until that SOL dies.

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I have 5 private student loans that originated between 1999 and 2003, I am 100% sure they are private. They are for very hefty sums. I was never able to pay them, and never made any payments. I was in CA when I originated the loans and have been living in many places since then, I am currently in MI however plan to return to CA in 4 months. The DOFD on all of them is 10/08. I recently received a letter to my MI address from a collection agency for 3 of these loans asking for payment. My guess is I woke them up because I stupidly applied for and received a Capitol One card with a credit line of 3k, likely increasing my collection score...

 

What do I do now? I cannot afford to pay for these now. As far as I understand, the SOL for CA is past,CA's SOL doesn't apply however for MI it will be 10/14... I am afraid that they are going to sue me here before I leave. Is this fear irrational or can this happen? I keep checking my local court online but do not see anything under my name.

Do you have any advice for me? I am paralyzed by fear.

 

Thanks for your help.

Have you thought about settling for less than the full amount with a repayment plan...in writing.

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May I ask why the CA SOL doesn't apply? Will it apply once I move back? Should I consider moving back sooner?

Did you leave CA before the SOL passed? How long have you lived in MI? Large amounts of debt are not usually forgotten by creditors or debt buyers. They will hunt you down and try to get their money one way or another, If you try to keep from being served they will get a default judgment if they can't find you, Interest will accrue. Why not find an equitable way to solve the problem?

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I'm far from an expert on this but let me share a bit of what my wife and I have just done with her student loans. My suggestion to you (and it may not be what you want to hear) is find out who the loan servicers are and give them a call and let them know you are honestly wanting to get back on the right track. My wife has $240,000 in student loan debt and I have $50,000, so we're in debt far more that most of you out there when it comes to loans. She's been out of school for (2) years now and I've been out for (1). Well, due to the exact same fear you described we haven't bothered to touch our loans at all until this last month. Her repayments were averaging about $1500 - $2000 a month so naturally we said forget it and chose to ignore the problem. Six collections later (recent, mind you) we decided to take action because this will only get worse, not better. We applied for Direct Loan consolidation under the Income Based Repayment plan and it's looking like her payments are going to be around $100 a month. Some of her loans were private loans (the ones in collection) so we had to take care of those separately. After only a few hours she was able to get in touch with the loan holders and they were eeeextremely nice and understanding; I had advised her to ask about Rehabilitation before she made the call so she did. Now (5) of the loans that were in default are being rehabilitated and will be removed from her CR in (9) months with $125 payments. Success.. $100/mo payments on her loans + $125 for rehab until we can consolidate those + about $50/mo for my loans...helluva lot better then $1500-$2000!

 

Once we get those loans out of rehabilitation we are going to look into consolidation again and get the rest of these loans together in a more manageable manner. I'm extremely proud of her for stepping up and managing her loans because she was SO terrified to even think about them, now we're in a much better position to make these payments and prevent any further harm. She completely expected the people she talked to on the phone to be arrogant and rude, but none of them were (I know this is different for everyone, but still), in fact 4 out of 6 were super helpful and polite (the other 2 weren't bad). The most difficult part was tracking down who owned the loans still. She called Wells Fargo and they sent her to ACS, ACS sent her to Texas Guaranteed, TG sent her back to ACS, ACS then sent her to ECMC which are the ones who let us rehabilitate the loans.

 

I encourage you to just take the first step and make a phone call for help and get the loans consolidated/rehabbed/whatever you need to do, if you're worried about paying there are payment plans out there to help you. We both did it and I can tell you from experience it's a very heavy load off of our shoulders.

 

Good luck!

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I'm far from an expert on this but let me share a bit of what my wife and I have just done with her student loans. My suggestion to you (and it may not be what you want to hear) is find out who the loan servicers are and give them a call and let them know you are honestly wanting to get back on the right track. My wife has $240,000 in student loan debt and I have $50,000, so we're in debt far more that most of you out there when it comes to loans. She's been out of school for (2) years now and I've been out for (1). Well, due to the exact same fear you described we haven't bothered to touch our loans at all until this last month. Her repayments were averaging about $1500 - $2000 a month so naturally we said forget it and chose to ignore the problem. Six collections later (recent, mind you) we decided to take action because this will only get worse, not better. We applied for Direct Loan consolidation under the Income Based Repayment plan and it's looking like her payments are going to be around $100 a month. Some of her loans were private loans (the ones in collection) so we had to take care of those separately. After only a few hours she was able to get in touch with the loan holders and they were eeeextremely nice and understanding; I had advised her to ask about Rehabilitation before she made the call so she did. Now (5) of the loans that were in default are being rehabilitated and will be removed from her CR in (9) months with $125 payments. Success.. $100/mo payments on her loans + $125 for rehab until we can consolidate those + about $50/mo for my loans...helluva lot better then $1500-$2000!

 

Once we get those loans out of rehabilitation we are going to look into consolidation again and get the rest of these loans together in a more manageable manner. I'm extremely proud of her for stepping up and managing her loans because she was SO terrified to even think about them, now we're in a much better position to make these payments and prevent any further harm. She completely expected the people she talked to on the phone to be arrogant and rude, but none of them were (I know this is different for everyone, but still), in fact 4 out of 6 were super helpful and polite (the other 2 weren't bad). The most difficult part was tracking down who owned the loans still. She called Wells Fargo and they sent her to ACS, ACS sent her to Texas Guaranteed, TG sent her back to ACS, ACS then sent her to ECMC which are the ones who let us rehabilitate the loans.

 

I encourage you to just take the first step and make a phone call for help and get the loans consolidated/rehabbed/whatever you need to do, if you're worried about paying there are payment plans out there to help you. We both did it and I can tell you from experience it's a very heavy load off of our shoulders.

 

Good luck!

Thanks for the information :good:

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My guess is I woke them up

indeed you did.

 

for that much money, they will sue and, if you skip town so they can't find you, will get a default judgment and you'll be much worse off.

 

at this point, you have no choice but to do what the others have said and work something out.

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I'm far from an expert on this but let me share a bit of what my wife and I have just done with her student loans. My suggestion to you (and it may not be what you want to hear) is find out who the loan servicers are and give them a call and let them know you are honestly wanting to get back on the right track. My wife has $240,000 in student loan debt and I have $50,000, so we're in debt far more that most of you out there when it comes to loans. She's been out of school for (2) years now and I've been out for (1). Well, due to the exact same fear you described we haven't bothered to touch our loans at all until this last month. Her repayments were averaging about $1500 - $2000 a month so naturally we said forget it and chose to ignore the problem. Six collections later (recent, mind you) we decided to take action because this will only get worse, not better. We applied for Direct Loan consolidation under the Income Based Repayment plan and it's looking like her payments are going to be around $100 a month. Some of her loans were private loans (the ones in collection) so we had to take care of those separately. After only a few hours she was able to get in touch with the loan holders and they were eeeextremely nice and understanding; I had advised her to ask about Rehabilitation before she made the call so she did. Now (5) of the loans that were in default are being rehabilitated and will be removed from her CR in (9) months with $125 payments. Success.. $100/mo payments on her loans + $125 for rehab until we can consolidate those + about $50/mo for my loans...helluva lot better then $1500-$2000!

 

Once we get those loans out of rehabilitation we are going to look into consolidation again and get the rest of these loans together in a more manageable manner. I'm extremely proud of her for stepping up and managing her loans because she was SO terrified to even think about them, now we're in a much better position to make these payments and prevent any further harm. She completely expected the people she talked to on the phone to be arrogant and rude, but none of them were (I know this is different for everyone, but still), in fact 4 out of 6 were super helpful and polite (the other 2 weren't bad). The most difficult part was tracking down who owned the loans still. She called Wells Fargo and they sent her to ACS, ACS sent her to Texas Guaranteed, TG sent her back to ACS, ACS then sent her to ECMC which are the ones who let us rehabilitate the loans.

 

I encourage you to just take the first step and make a phone call for help and get the loans consolidated/rehabbed/whatever you need to do, if you're worried about paying there are payment plans out there to help you. We both did it and I can tell you from experience it's a very heavy load off of our shoulders.

 

Good luck!

Thanks for the information :good:

 

Of course! I've been browsing these boards for about (2) months now and even though I'm just now starting our rebuilding journey this is one thing I can offer advice on!

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I have no intention of skipping town to hide from them, I have always had intentions to return home to CA in the near future. I will forward them my new CA address as soon as I move. I was just inquiring regarding SOL because this makes a huge difference should I enter into settlement negotiations. I lived in CA when the SOL expired in 2012, and have been in MI for almost 3 years. My plan has always been to return to CA, I was just wondering if I should do this sooner because of all this mess. So basically I am correct to be paranoid about being sued before the 10/14 SOL deadline in MI. They have my current MI address, and like I said, when I move this will be updated, as it will show up on my credit report as I update all my banks and credit cards.

 

If I am to get sued, how will I know this? I have been checking the local courthouse, is there another place I should be checking? Is this a small claims court thing? Like I said, these are large sums of money, so I don't know if this qualifies. Can I please have some guidance regarding this?

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I have no intention of skipping town to hide from them, I have always had intentions to return home to CA in the near future. I will forward them my new CA address as soon as I move. I was just inquiring regarding SOL because this makes a huge difference should I enter into settlement negotiations. I lived in CA when the SOL expired in 2012, and have been in MI for almost 3 years. My plan has always been to return to CA, I was just wondering if I should do this sooner because of all this mess. So basically I am correct to be paranoid about being sued before the 10/14 SOL deadline in MI. They have my current MI address, and like I said, when I move this will be updated, as it will show up on my credit report as I update all my banks and credit cards.

 

If I am to get sued, how will I know this? I have been checking the local courthouse, is there another place I should be checking? Is this a small claims court thing? Like I said, these are large sums of money, so I don't know if this qualifies. Can I please have some guidance regarding this?

 

Your SOL situation is complicated because of moving around so much. Without knowing where you lived and for how long from 10/2008 until now it is impossible to say which SOL will apply. The reason you cannot just apply CA SOL is because of the moving around. If you want a reliable answer from a legal standpoint I would give a call to MI attorney and ask how to figure it out. Until you know for sure I would go with the plan that it is still active and you can be sued.

 

Even if you move to CA tomorrow they can still apply the MI laws for suit until you have been back in CA for at least 6 months to a year to establish residency for legal suit purposes. It isn't automatic once you cross the state lines, change your DL, update your addresses, and unpack the boxes.

 

If it is large sums of money you will not be sued in small claims court as the maximum amount in most states small claims courts is very small. It would be District or Superior court. All you can do is search the court dockets and see if a case has been filed. Michigan does not require any notice to a defendant prior to filing suit.

 

The best guidance anyone can give is to determine what the SOL REALLY is and if it is still active until 10/2014 send a debt validation and lay low until it expires. If they DO sue you then you defend the suit otherwise they will get a default judgment and then you can be garnished for the payments which would be 25% of your wages and potentially everything in a bank account.

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I'm far from an expert on this but let me share a bit of what my wife and I have just done with her student loans. My suggestion to you (and it may not be what you want to hear) is find out who the loan servicers are and give them a call and let them know you are honestly wanting to get back on the right track. My wife has $240,000 in student loan debt and I have $50,000, so we're in debt far more that most of you out there when it comes to loans. She's been out of school for (2) years now and I've been out for (1). Well, due to the exact same fear you described we haven't bothered to touch our loans at all until this last month. Her repayments were averaging about $1500 - $2000 a month so naturally we said forget it and chose to ignore the problem. Six collections later (recent, mind you) we decided to take action because this will only get worse, not better. We applied for Direct Loan consolidation under the Income Based Repayment plan and it's looking like her payments are going to be around $100 a month. Some of her loans were private loans (the ones in collection) so we had to take care of those separately. After only a few hours she was able to get in touch with the loan holders and they were eeeextremely nice and understanding; I had advised her to ask about Rehabilitation before she made the call so she did. Now (5) of the loans that were in default are being rehabilitated and will be removed from her CR in (9) months with $125 payments. Success.. $100/mo payments on her loans + $125 for rehab until we can consolidate those + about $50/mo for my loans...helluva lot better then $1500-$2000!

 

Once we get those loans out of rehabilitation we are going to look into consolidation again and get the rest of these loans together in a more manageable manner. I'm extremely proud of her for stepping up and managing her loans because she was SO terrified to even think about them, now we're in a much better position to make these payments and prevent any further harm. She completely expected the people she talked to on the phone to be arrogant and rude, but none of them were (I know this is different for everyone, but still), in fact 4 out of 6 were super helpful and polite (the other 2 weren't bad). The most difficult part was tracking down who owned the loans still. She called Wells Fargo and they sent her to ACS, ACS sent her to Texas Guaranteed, TG sent her back to ACS, ACS then sent her to ECMC which are the ones who let us rehabilitate the loans.

 

I encourage you to just take the first step and make a phone call for help and get the loans consolidated/rehabbed/whatever you need to do, if you're worried about paying there are payment plans out there to help you. We both did it and I can tell you from experience it's a very heavy load off of our shoulders.

 

Good luck!

This story while useful is clearly for a federal loan. The topic is a private loan.

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I'm far from an expert on this but let me share a bit of what my wife and I have just done with her student loans. My suggestion to you (and it may not be what you want to hear) is find out who the loan servicers are and give them a call and let them know you are honestly wanting to get back on the right track. My wife has $240,000 in student loan debt and I have $50,000, so we're in debt far more that most of you out there when it comes to loans. She's been out of school for (2) years now and I've been out for (1). Well, due to the exact same fear you described we haven't bothered to touch our loans at all until this last month. Her repayments were averaging about $1500 - $2000 a month so naturally we said forget it and chose to ignore the problem. Six collections later (recent, mind you) we decided to take action because this will only get worse, not better. We applied for Direct Loan consolidation under the Income Based Repayment plan and it's looking like her payments are going to be around $100 a month. Some of her loans were private loans (the ones in collection) so we had to take care of those separately. After only a few hours she was able to get in touch with the loan holders and they were eeeextremely nice and understanding; I had advised her to ask about Rehabilitation before she made the call so she did. Now (5) of the loans that were in default are being rehabilitated and will be removed from her CR in (9) months with $125 payments. Success.. $100/mo payments on her loans + $125 for rehab until we can consolidate those + about $50/mo for my loans...helluva lot better then $1500-$2000!

 

Once we get those loans out of rehabilitation we are going to look into consolidation again and get the rest of these loans together in a more manageable manner. I'm extremely proud of her for stepping up and managing her loans because she was SO terrified to even think about them, now we're in a much better position to make these payments and prevent any further harm. She completely expected the people she talked to on the phone to be arrogant and rude, but none of them were (I know this is different for everyone, but still), in fact 4 out of 6 were super helpful and polite (the other 2 weren't bad). The most difficult part was tracking down who owned the loans still. She called Wells Fargo and they sent her to ACS, ACS sent her to Texas Guaranteed, TG sent her back to ACS, ACS then sent her to ECMC which are the ones who let us rehabilitate the loans.

 

I encourage you to just take the first step and make a phone call for help and get the loans consolidated/rehabbed/whatever you need to do, if you're worried about paying there are payment plans out there to help you. We both did it and I can tell you from experience it's a very heavy load off of our shoulders.

 

Good luck!

This story while useful is clearly for a federal loan. The topic is a private loan.

 

At first, I was about to come back and say "No, this post was for both Federal and Private loans" but you got me double checking. When my wife did the federal loan consolidation (7) of the loans weren't included, at first I thought it was because (5) were in default but come to find out you can consolidate loans even after they've been defaulted. So naturally, my next guess was that they were Private loans instead and that's why; especially because they were through Wells Fargo which I assumed was a private lender.

 

https://www.wellsfargo.com/student/federal-loans/

 

According to this website, prior to 2010 they did service federal loans and my wife got her last loans in 2008. I apologize if my post was misleading! I know for private loans it's at the lenders discretion as to whether or not they allow you rehabilitate, is that correct?

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I have no intention of skipping town to hide from them, I have always had intentions to return home to CA in the near future. I will forward them my new CA address as soon as I move. I was just inquiring regarding SOL because this makes a huge difference should I enter into settlement negotiations. I lived in CA when the SOL expired in 2012, and have been in MI for almost 3 years. My plan has always been to return to CA, I was just wondering if I should do this sooner because of all this mess. So basically I am correct to be paranoid about being sued before the 10/14 SOL deadline in MI. They have my current MI address, and like I said, when I move this will be updated, as it will show up on my credit report as I update all my banks and credit cards.

 

If I am to get sued, how will I know this? I have been checking the local courthouse, is there another place I should be checking? Is this a small claims court thing? Like I said, these are large sums of money, so I don't know if this qualifies. Can I please have some guidance regarding this?

Your dates make no sense. If you were in Ca in 2012, there is no way you could have been in Mi for almost 3 years as it is only the beginning of 2014, which would make it 2 years, max.

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Michigan applies thier own SOL , not other states.

 

no borrowing statute, just a forum shopping .

 

Michigan absolutely does have a borrowing statute. Two laws cover this: M.C.L. § 600.5861; M.S.A. § 27A.5861

 

There was an attempt to get the legislature to repeal it but it was not successful. A co-worker recently used it in her defense of a JDB lawsuit.

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Michigan

600.5861 Cause of action accruing without state; limitation on commencement of action.

Sec. 5861.

An action based upon a cause of action accruing without this state shall not be commenced after the expiration of the statute of limitations of either this state or the place without this state where the cause of action accrued, except that where the cause of action accrued in favor of a resident of this state the statute of limitations of this state shall apply. This amendatory act shall be effective as to all actions hereinafter commenced and all actions heretofor commenced now pending in the trial or appellate courts.

 

however, they will state that the california case was tolled by Op's absence.

 

Makarow v. Volkswagen of America, Inc., 403 NW 2d 563 - Mich: Court of Appeals 1987

 

California CODE OF CIVIL PROCEDURE SECTION 350-363
351. If, when the cause of action accrues against a person, he is
out of the State, the action may be commenced within the term herein
limited, after his return to the State, and if, after the cause of
action accrues, he departs from the State, the time of his absence is
not part of the time limited for the commencement of the action.
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California has a 4 year SOL for written contracts.

 

Here are a couple of scenarios that MAY apply.

 

A. Borrower signed contract in California and defaulted 10/2008. Statute would begin running 10/2008 and would reach the end of the line on 10/2012 (if OP still lived in California). Moving to MI does not restart the SOL and suit can be dismissed for SOL. This defense can be used if sued in Michigan or California.

 

B. Borrower signed contract in California and defaulted 10/2008. Statute would begin running 10/2008 and would stop running when OP moved to MI (eg, OP moved in August of 2008) SOL has 2 months left to run in California. User moves back to California in April of 2014 so the SOL would continue to run in California and expire in June of 2014. Michigan court would have no personal jurisdiction after he moves to California since the transaction did not arise and was not breached in Michigan. Their long arm statute would not apply. However, a California court would have jurisdiction and the SOL would not yet be up until the time left has expired.

 

C. Borrower signed contract in California and defaulted 10/2008. Statute would begin running 10/2008 and would stop running when OP moved to MI (eg, OP moved in August of 2008) SOL has 2 months left to run in California. While still in Michigan, the SOL continues to run for 6 years and expires on 10/2014. OP can be successfully sued in Michigan until their SOL runs out in October.

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I double checked and in fact my dates were a bit wrong. I actually left CA for MI in 2011, and plan to return soon, so a 3 year leave of absence. I also had a 2 year leave and lived in OH 2007 until 2009. I was in CA all other times. I don't quite understand all the legalese above, but was wondering about a few things:

 

1) As I had a work contract for a specified time in MI with plans to return to CA, as far as the CA franchise tax board is concerned, I may have remained a CA resident the whole time, with a few other stipulations that do apply to me (I was just doing my taxes and came across this). Would this affect anything? I was a student when in OH and did further training in MI, so really only present outside of CA for a specific purpose. I always maintained my CA license and voting rights in CA. I'm wondering if claiming residency of a state follows the tax board rules?

2) Does it matter that I was in OH when the DOFD occurred? Does it matter that I was in MI when the 4 year SOL for CA occurred? Again, I was in CA when I signed the contract.

3) I'm still unsure where exactly I should be checking to find out if I'm being sued, I would like a little forewarning... All I see are circuit court dockets for my county court, is this the right place to look?

 

Thanks again for all your help!

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from your dates it looks like if you stay in Michigan, they can sue you until October of 2014

 

If you move back to California, you can be sued until sometime in 2015. It depends on what date you left California. SOL is very exact and needs exact dates to calculate. But since California is a 4 year SOL (1461 days), the four years runs from the date you breached the contract by not paying until the day you left California. (Count the days you lived in California) Then when you move back to California, the time starts counting again until it runs out (the number of days from before you left + the number of days that you are back). When that total reaches 1461 you are safe from suit.

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usofa I really appreciate your help. I have all my exact dates but chose to purposefully omit them on this public forum. I'll make the calculations as you say, and try and sort all this out.

 

Just curious, with my seemingly nomadic path, how would a lawyer choose from where to sue me? Many of my old addresses are on my CR, but exact dates are not... Will they just serve me at my last address? Again, I have not been hiding at all, I always update my addresses. What if I've already moved back home to CA but they sue me in MI, do I need to return? It's all very complicated to me, but is critical as I closely approach the SOL...

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I double checked and in fact my dates were a bit wrong. I actually left CA for MI in 2011, and plan to return soon, so a 3 year leave of absence. I also had a 2 year leave and lived in OH 2007 until 2009. I was in CA all other times. I don't quite understand all the legalese above, but was wondering about a few things:

 

1) As I had a work contract for a specified time in MI with plans to return to CA, as far as the CA franchise tax board is concerned, I may have remained a CA resident the whole time, with a few other stipulations that do apply to me (I was just doing my taxes and came across this). Would this affect anything? I was a student when in OH and did further training in MI, so really only present outside of CA for a specific purpose. I always maintained my CA license and voting rights in CA. I'm wondering if claiming residency of a state follows the tax board rules?

2) Does it matter that I was in OH when the DOFD occurred? Does it matter that I was in MI when the 4 year SOL for CA occurred? Again, I was in CA when I signed the contract.

3) I'm still unsure where exactly I should be checking to find out if I'm being sued, I would like a little forewarning... All I see are circuit court dockets for my county court, is this the right place to look?

 

Thanks again for all your help!

 

then you've always been a CA resident they could have filed suit there - it's tricky. you have been out of state.

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