Legal Question in Credit and Debt Law in Georgia

Generally, if you move to a different state, the state where you currently reside is where the statute of limitations will apply. However, there may be a mandatory choice of law clause in your contract. Depending on the language, that may affect the answer. In other words, no one who has not seen your contract can give you a definitive answer.

I agree with Attorney Ashman. First, read your agreement to see what it says about the laws of a particular state applying. Second, when did any default occur? Has the car been repossessed? Did you get a default letter?

Chances are you would be sued in GA - GA has a 6 year statute of limitations for some debts, 4 for others. Florida has a 5 year statute of limitations.

However, the rules are generally that the court applies the statute where you reside or where the contract was made, whichever is longer.

If for some reason the 4 year statute in Georgia applied and you were sued after 4 years but within the 5 year period in GA, states sometimes "borrow" the statute from another state (in this case Florida) if the contract provides that Florida law would apply. Or they could just sue in Florida, get a judgment and transfer (domesticate) it in Georgia or any other state where you own property and it would be legal.

This is a complicated question and is not really something that can be adequately addressed in a public forum without looking at all of your documents. Just know that the statute of limitations is between 4-6 years and that if a lawsuit is brought within that time period from the time the car is sold you are probably going to be on the hook.

If the car has not been repossessed yet, I would start exploring options - whether they be bankruptcy or some other way to save the car (even selling it if the amount owed is about what the car is worth). If the car already has been repossessed, I would start building a war chest of funds that you will be able to tap into if and when you are sued. If you make it 6 years and nothing happens, then I think you are home free unless the contract said something about an even longer statute of limitations.