I purchased a vehicle in FL while I was PSCing to SD for the Air Force. A year later (2005) it was repossessed due to me being unable to make the increased payments that they imposed. The last contact I had with them was in October of 2005. I was just served with papers in April 2011, which state that I was being sued for the balance. I know that the SOL for FL is 5 years and that they are not able to “toll” the SOL because I was in SD due to the military. I got out of the military in 2006 and moved back to FL; however, in 2007, I married my husband that is active duty and moved to where he was stationed.
My question is: Since I am no longer military, does the SOL stop because I am no longer in FL even though I am only out of state due to my husband’s service requirements?
This would be a question for an attorney given that it is an active legal proceeding against you. While I am not licensed to give you legal advice, I can say from experience, you or your attorney will have to file a motion or at minimum provide an affirmative defense alleging that the SOL has tolled and they are time barred from bringing the action, if you want to raise the issue.
Then it will be up to the judge to decide when the SOL should have started and when it would end. I am not understanding how being in the service will help in your situation in regards to the SOL, but an experienced attorney might know something. At minimum you can file a motion for a change of venue if you are planning on fighting the lawsuit, and ask that the suit be filed in the state that you currently reside. Being out of state because of the military will help your case in getting the venue changed. Depending on how much the lawsuit is for, the best advice I can give you at this point is to meet with an attorney quickly before you are in default.
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