The normal rule of law is that the state of action will use their own procedure and the substantive law of the forum state. Since 48 states say the SOL is procedural, i.e. an affirmative defense that must be raised or waived, then one would assume that in 48 states the SOL of the action state would prevail, like in this case where the OR 6 year SOL won out over the NH 3 year SOL, and the question of whether it was tolled or not is not relevant to this decision.
And, if there was a case wherein the SOL was not procedural, and the action state looked to the forum state and found that their SOL was tolled forever like NH, they could then still use their own SOL by finding that the forum state SOL was burdensome, just like current law allows, so in the instant case, it was a loser either way, procedurally or even if substantive law applied as the OR SOL had not run. Still living in the condo. Wants to file C7. Slightly above median income ($58K).
There is also the issue of the rule that a debt is in default under state law pursuant to the forum state law, if that substantive law then trumps the procedural rule of the action state as to the SOL. And, I have seen cases wherein the court in the action state found that the longer SOL of the forum state should apply to keep and action alive as it is substantive law, especially in interstate PI cases, like the accident was in LA, the plaintiff is in LA, but the Defendant is in Ark, and the case is brought in AR, does AR use it’s 3 year PI SOL or the LA longre SOL. An Ark court found that the longer LA SOL applied as substantive law, and that it was not procedural in that instance.
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