When the Exceptions Ate this Kentucky Garnishment Rule: Making sense of KRS 427.0

KRS 427.050 Out-of-state law applicable when wages earned and payable out-of-state - Exceptions, part (1), provides:

"(1) The law of the state wherein wages are earned and payable relating to exemptions shall apply to all garnishments served in the State of Kentucky, except that Kentucky law shall exclusively apply:

"(a) Where the defendant was personally served with process in the State of Kentucky; or

"(b) Where the defendant was a bona fide resident of the State of Kentucky when the subject debt arose; or

"(c) Where the defendant was a bona fide resident of the State of Kentucky when the cause of action arose".

This all makes perfect sense in the abstract. But, imagining a hypothetical situation where this statute might make a difference is a little bit more difficult. KRS 427.050 says that the Kentucky rules of wage garnishment apply to any wage garnishment proceeding brought within the Commonwealth of Kentucky unless the debt, the cause of action, service on the defendant, the defendant's work and payment of wages for the defendant's work all happen outside of Kentucky.

KRS 427.050 provides an interesting lens through which Kentucky's wage garnishment laws intersect with the laws of other states, reflecting the complexities of multistate legal disputes. This statute, though seemingly straightforward at first glance, raises nuanced questions about jurisdiction, applicable law, and procedural fairness. Below is a detailed examination of its provisions and how they might play out in practical scenarios.

 The Core Provisions of KRS 427.050

At its heart, KRS 427.050 governs the application of garnishment exemption laws in Kentucky. It specifies that:

1. Default Rule: The law of the state where the wages are earned and payable applies to exemptions for garnishments served in Kentucky.

2. Exceptions: Kentucky law will apply instead if:

   - The defendant was personally served in Kentucky;

   - The defendant was a bona fide resident of Kentucky when the debt arose; or

   - The defendant was a bona fide resident of Kentucky when the cause of action arose.

This framework recognizes that wage garnishment often involves parties and actions that cross state boundaries. However, it also introduces potential for conflict when different states' exemption laws—some of which may be more protective of debtors—come into play.

 Practical Applications and Hypothetical Scenarios

Understanding how KRS 427.050 operates in practice can be challenging without concrete examples. Here are two realistic scenarios that demonstrate its application:

1. Out-of-State Defendant with an Out-of-State Employer  

   Imagine an out-of-state resident who causes a car accident in Kentucky and is subsequently sued in a Kentucky court. If the defendant works and is paid by an employer outside Kentucky, but that employer conducts business in Kentucky sufficient to establish jurisdiction, the exemption laws of the state where the wages are earned and payable will apply. For instance, if the defendant resides in Texas, a state that prohibits wage garnishment entirely, Texas law would shield their wages even in a Kentucky garnishment action.  

2. Kentucky Resident Relocating to Texas  

   Conversely, if a Kentucky resident causes an accident in Kentucky and later moves to Texas, Kentucky law would govern the garnishment because the debt and cause of action arose in Kentucky. However, if a Kentucky judgment were taken to Texas for enforcement, a question arises: Would Texas apply its own garnishment prohibition, or would it enforce Kentucky’s more permissive garnishment rules under the Full Faith and Credit Clause? While Texas courts must enforce the judgment itself, procedural remedies like garnishment may still be governed by local law.

 Addressing Ambiguities in KRS 427.050(2)

An intriguing aspect of the statute lies in subsection (2), which states:  

"Where the law of a state other than Kentucky applies to a particular garnishment, the garnishee may plead such exemption law."

This provision is unusual, as exemption claims are traditionally raised by the judgment debtor, not the garnishee (the employer). Kentucky's broader garnishment statute, KRS 425.501(4), explicitly grants the debtor the right to claim exemptions, leading to potential tension between these two provisions. 

A practical interpretation could harmonize the statutes, allowing both the garnishee and the debtor to raise out-of-state exemption claims. This would ensure procedural fairness and align with the statute’s intent to respect the laws of other states where applicable. Such an approach may ultimately require clarification from the Kentucky Court of Appeals.

 Broader Implications for Interstate Garnishments

KRS 427.050 highlights the delicate balance between respecting other states' exemption laws and enforcing Kentucky judgments. Some key takeaways include:

- Jurisdictional Ties Matter: Kentucky law governs when the defendant or cause of action has sufficient ties to the state, but garnishment law becomes more complex when the defendant resides or works elsewhere.  

- Interstate Enforcement Challenges: States like Texas, with strong debtor protections, may resist applying out-of-state garnishment rules, even when enforcing foreign judgments.  

- Procedural Flexibility: Allowing both garnishees and debtors to raise exemption claims fosters fairness but requires further judicial guidance for consistent application.

 Conclusion

KRS 427.050 underscores the intersection of state and interstate garnishment laws in a way that challenges conventional assumptions about jurisdiction and debtor protections. While Kentucky courts must balance deference to other states’ laws with the enforcement of their own judgments, the statute provides a thoughtful framework that invites nuanced judicial interpretation. As interstate commerce and mobility continue to blur state lines, practitioners must navigate these complexities with an eye on both the statute’s text and the broader legal principles it implicates.

The Legal Ethics of Client Referral vs. Client Lead Generation

Comprehensive Summary of Lead Generation and Legal Ethics

1. Ethical Distinctions Between Client Referrals and Client Lead Generation

Key Ethical Considerations

• Referrals vs. Lead Generation:
• Lead generation is generally permissible if it does not involve recommending specific lawyers.
• Referral services, which explicitly direct clients to particular attorneys, are typically subject to stricter state bar oversight.
• Payment Structure and Fee-Sharing:
• Lawyers may pay for leads, but not based on case outcomes (i.e., contingent fees or fee-sharing with non-lawyers is prohibited).
• Payments must be flat-fee or per-lead-based, rather than tied to whether the lawyer ultimately takes the case.
• Transparency and Disclaimers:
• Many states require clear disclosure of the lead generation process.
• Lead generators must not mislead consumers or imply endorsement of specific lawyers.

State-Specific Rules

• California
• Requires registration of referral services with the State Bar.
• Court decisions (e.g., Jackson v. LegalMatch.com) have ruled that even online platforms may qualify as referral services requiring compliance.
• New York
• Allows paid lead generation under conditions that prohibit endorsement of specific lawyers.
• Fee structures must comply with professional independence requirements.
• New Jersey
• Warns against lead generation services that guarantee clients or charge disproportionately high fees.
• General Trends Across States
• Most states follow the principles of avoiding fee-sharing, maintaining lawyer independence, and ensuring transparency.

Ethical Guidelines for Lead Generation

1. No Recommendations: Lead generators cannot endorse or vouch for a lawyer’s credentials.
2. Fee Structure Compliance: Payments must not be contingent on work received.
3. Transparency: Consumers must understand how they are connected with lawyers.
4. Professional Independence: Lawyers must retain full control over case selection.
5. Advertising Compliance: Any lawyer-related marketing must adhere to state-specific legal advertising rules.

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2. State and Federal Regulation of Lead Generation

State-Specific Restrictions on Lead Payments

• Some states have laws prohibiting payments based on referrals or placing limits on fees paid for leads.
• States like Texas, Tennessee, Virginia, and Washington impose caps on referral fees.
• Louisiana, Michigan, Oregon, and West Virginia prohibit compensation based on applications completed or policies placed.

Mortgage and Financial Services Lead Generation

• Mortgage lenders face strict regulations in multiple states (e.g., Texas, Connecticut, Rhode Island, and Maine).
• Trigger leads (where consumer credit inquiries trigger offers from other lenders) are restricted in some states.
• New York bans referral fees to non-licensees for transactions that result in a sale.

Legal Lead Generation Compliance Challenges

• Cross-Border Issues: When leads originate in one state but the lawyer practices in another, compliance becomes complex.
• State-Specific Restrictions: Some states impose unwritten ethical restrictions beyond formal regulations.
• Licensing Requirements: Some states require licenses for certain types of lead generation in consumer finance and legal services.

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3. FTC and FCC Regulation of Lead Generation

Federal Trade Commission (FTC)

The Federal Communications Commission (FCC) regulates lead generation for law firms, including how they use third-party lead generation companies. The FCC's new rules require businesses to get consent from each individual lead before sending automated marketing messages. 

How does the FCC regulate lead generation?

• Requires businesses to get consent from each individual lead before sending automated marketing messages 
• Requires businesses to disclose who the solicitor will be 
• Requires businesses to formalize do-not-call regulations for texting 
• Requires businesses to promote an opt-in strategy for sending email-to-text messages 

What are the consequences of non-compliance? 

    - Fines ranging from $500 to $1,500 for each violation, Legal exposure to lawsuits, and Reputational damage. 

How can law firms comply with the FCC's lead generation rules? 

• Maintain robust audit trails to demonstrate compliance
• Regularly review compliance processes
• Encourage feedback to gauge customer sentiment
• Engage attorneys or consultants to ensure all practices align with the latest regulations
• The FTC regulates deceptive advertising and prohibits misleading lead generation practices.
• Consumer protection laws apply to lead generation services that engage in fraudulent or misleading tactics.
• The FCC introduced strict new rules requiring explicit one-to-one consent for lead generation (scheduled for January 2025).
• However, the U.S. Court of Appeals struck down the rule just before implementation.
• Despite the ruling, companies continue shifting toward stricter compliance with consent laws.
• Federal Communications Commission (FCC) and the One-to-One Consent Rule

Best Practices for Compliance with FCC and FTC Rules

1. Clear Opt-In Consent: Users must explicitly consent to being contacted.
2. No Bundled Consents: Consent for one company cannot be used to authorize contact from multiple companies.
3. Consumer Transparency: Disclosures must clearly explain how personal data is used.
4. Proper Documentation: Businesses must retain detailed records of consent for regulatory compliance.

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4. Best Practices for Ethical and Legal Lead Generation

Ensuring Ethical Compliance

• Lead Qualification Criteria:
• Leads must be screened based on neutral, factual information rather than a subjective legal assessment.
• Example of ethical lead criteria:
• Date of debt collection letters
• Number of collection calls received
• Whether the consumer requested debt validation
• Avoiding Unauthorized Practice of Law (UPL)
• Lead generators must not provide legal opinions (e.g., "This is a strong FDCPA case").
• They may, however, provide objective case facts without making legal judgments.

Checklist for Ethical Lead Generation Compliance

✅ Permitted:

• Providing factual case details (e.g., collection call records, debt dispute history).
• Using a flat fee or per-lead pricing model.
• Obtaining clear consumer consent before collecting and sharing data.

❌ Not Permitted:

• Selecting only high-value leads to sell at higher rates.
• Charging only for leads that turn into signed cases.
• Making legal judgments on case strength or recommending specific lawyers.

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5. Documentation and Consent Best Practices

How to Properly Document Lead Generation Consent

• Comprehensive Consent Records Should Include:
• Date and time of consent
• Consumer’s full contact information
• Purpose of consent (e.g., marketing, legal services)
• Disclosure of lead-sharing practices
• Opt-out and withdrawal mechanisms

Ensuring Easy Consent Withdrawal

• Companies should implement multiple withdrawal options, including:
• One-click opt-out for marketing emails and calls.
• Online privacy dashboards for users to manage consent.
• Easily accessible customer support channels to process consent revocations.

Federal and State Compliance

• California and New York impose some of the strictest data privacy and consent requirements.
• States like Nevada, Oregon, and Texas have explicit prior express consent laws for automated calls and lead generation.

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6. Future Trends in Lead Generation Regulation

• Stronger Data Privacy Laws: States are expected to continue expanding restrictions on lead generation practices.
• More Transparency Requirements: Companies will need to provide clearer disclosures and simplify consumer consent mechanisms.
• Higher Scrutiny of Lead Generation Models: Regulators are likely to investigate compliance with legal advertising and fee-sharing rules more aggressively.

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Final Thoughts

This document highlights that lead generation is legally and ethically permissible for lawyers only under strict conditions.

• Fee-sharing prohibitions, transparency requirements, and clear consent mechanisms are critical.
• State bar associations impose different rules, meaning compliance must be evaluated on a jurisdiction-by-jurisdiction basis.
• Federal regulations, particularly from the FTC and FCC, continue evolving, making it essential for lead generation businesses to prioritize transparency, consumer consent, and ethical marketing practices.

Top of Form

Thomas Fox, J.D.
Lake Cumberland, Kentucky
Last revised: March 7, 2025

General Introduction to Parental rights

 

Most people think of their family as a fact of life that’s not subject to change. You are your father’s child and you were given birth by your mother. That is the way it happened and your parents will always be your parents. 

But the biological kinship relation of a parent and a child can be disconnected from the legal status of the relationship. The first is an unalterable genetic fact while the second can be modified by the operation of various legal processes. 

The customary relationship between parent and child can be changed either temporarily or permanently for an assortment of different reasons. Divorce, disability, abandonment, drug abuse, or irresponsibility are a few of the causes that can permanently disrupt family structure through legal interventions. 

Extended military service away from home or lengthy incarceration might warrant a formal, but temporary sharing of parental authority.

In the 2003 film “Secondhand Lions,” young Walter, played by Haley Joel Osment, is dropped off and left to live with his mother’s two bachelor uncles (Michael Caine & Robert Duvall) while she pursued her dream of an acting career with her current boyfriend. She promised Walter to return for him once she is more established. That never happened. 

Although the day-to-day responsibility of feeding and supervising young Walter shifted to the mother’s relatives, the standard existing legal relationship of rights and responsibilities between mother and son did not change. She continued to be Walter’s mother, with all the exclusive rights and responsibilities of a parent, and he continued to be her son. The uncles were not given any additional legal rights, even though they exercised practical control as adults with a teenage house guest.

The movie was set in the much simpler times of the 1950s. In the 21st Century, however, issues such as school attendance, medical care, and insurance would demand a more clearly established and documented legal authority for custody decisions. Just “dropping off” a kid with a relative might not be so easy these days. 

There is a wide spectrum of legal options from a voluntary delegation of specific parental rights with a limited power of attorney to supervised guardianships, and court-approved custody plans. Sometimes it happens that the state’s protective service steps in for various reasons such as neglect or abuse and asks the court to completely terminate all parental rights. 

A court order that ends the parental relationship means that the parent no longer has rights to custody or visitation, but neither are they financially responsible for the minor. This is a permanent change in the relationship. In every instance, the law is primarily motivated by what is in the minor’s best interests. 

It is recommended to seek the professional advice of an experienced attorney to understand and navigate these legal complexities. The laws and administrative procedures in each state are different.

Four basic methods to share or terminate parental authority

Power of Attorney of a minor,

Guardianship;

Court-ordered custody, and;

Removal, foster care, and adoption

Power of Attorney

In general, a Power of Attorney is a written document that gives someone, known as the “agent”, the legal authority to act for another, named the “principal.” The delegated authority to act may be broad or very specific, as defined in the written instrument.

A Power of Attorney can be used in a situation where a parent or legal guardian (the principal) needs to make temporary delegation of certain parental authority to another individual (the agent) for the sake of their child’s well-being. When a minor is left in the care of a non-parent, that person does not normally have any legal right to make significant decisions about the child. With short-term visits when a parent cannot be easily reached, it may be wise to give a responsible adult the ability to authorize emergency medical and dental care. With longer periods of parental absence, sharing the ability to manage school attendance may be important. Each situation is unique and the advice of a well-qualified attorney can help cut through the complexity and give practical guidance.

The proper execution of a Power of Attorney depends upon state law. Usually, it entails an identification of the parties involved, the length of time it will last, the specific powers delegated, and signatures that must be affixed in the presence of a notary public. 

[KRS 403.352, 403.353, 457.020(7), 457.050(2)]

Guardianship

A guardianship for a minor is created and supervised by a state court proceeding. The person appointed by a court to care for a child’s welfare is called the “guardian” and the minor is referred to as a “ward”. There are two general categories of power and authority exercised by a guardian.

The first type of responsibility relates to the personal care and feeding of the youngster. The guardian decides where the juvenile lives. The guardian makes arrangements for clothing, healthcare, education, and religious training. The guardian functions as a parent in day-to-day life together as a family in the same household. This is sometimes called “guardianship of the person.” or a limited guardianship.

The other aspect of guardianship relates to assets and finances. If a minor owns real estate, the child does not have the legal authority to rent it, sell it, or borrow against it, and an adult must manage the property for the child’s best interests. This is often known as “guardianship of the estate.” Some state laws call this a “conservatorship.” 

The court may appoint a single individual to perform both functions. A court might also designate two different guardians for a child. One would be a guardian of the person and the other would be guardian of the estate.

For example, if a child is orphaned with a large inheritance, a relative might be the guardian of the minor’s daily personal life, and a financial institution might manage the money and investments.  

For most children, a parent serves as a “natural guardian” and no court proceedings are necessary to recognize the relationship. However, most states do not allow minor children to receive substantial cash gifts or inherit large sums outright in their own name, and parents do not automatically have a right to control a minor’s property. An inheritance intended for someone underage must be placed in a trust or a custodial account, or a guardian must be appointed.

Every state except South Carolina has adopted the Uniform Transfers to Minors Act (UTMA) and the  Uniform Gifts to Minors Act (UGMA). These provide simplified methods to manage assets that do not require the creation and administration of a trust fund.

When a parent is unable to care for a child due to death, incarceration, or physical or mental incapacity, the law requires that a suitable guardian be found.  If a  parent makes an advance designation of an individual to be the guardian in a will, the courts will usually honor the choice if it is reasonable. This, of course, is all subject to the person agreeing to and accepting the appointment.

Court-ordered custody and support

When the relationship between parents with each other is combative, child custody, support, or visitation may become issues of disagreement. These problems typically arise when married parents seek divorce or unmarried parents contest paternity. 

Most disagreements between parents about childcare in normal circumstances are resolved privately, but when that is not possible, the courts become involved and the decisions are made by a judge.  

Some states, such as Kentucky, authorize grandparents to ask the court for visitation rights if they have been excluded.

Navigating the legal complexity of the laws relating to custody, support, visitation, paternity, and judicial proceeding always benefits from the involvement of an experienced lawyer. It is extremely difficult for a non-lawyer to find their way through the legal wilderness.

Relinquishment, removal, foster care, and adoption

Voluntary termination of parental rights

Parents may decide to voluntarily give up their legal rights and end their obligations to a child. This involves giving consent for adoption. The adoptive parents may be specifically identified in advance or the child may be surrendered to the custody of a state agency and foster care. The process requires court supervision and approval.

Involuntary termination of parental rights

Abuse and neglect

When the natural family care and support system breaks down and becomes abusive, the state’s social protective services may investigate and intervene. The courts can declare parents to be unfit and the child is removed from the parent's custody. When this happens the child is usually placed in foster care and parental rights are terminated.

Ultimately, the child may be adopted by new parents.

Abandonment - willful failure to support

Most states provide for the termination of parental rights if one parent has been willfully absent from the child’s life for a sufficient length of time and there has been no contribution to the expense of support. This often happens when the custodial parent remarries and the stepparent wishes to adopt the child. Court approval is required.

This is different from physically abandoning a child in a dangerous circumstance, which may be a criminal offense.

A Guide for the Perplexed - Statute of Limitations - “Borrowing” statutes and rules

 A Guide for the Perplexed

Statute of Limitations - “Borrowing” statutes and rules

In General

Every state in the U. S. sets time limits on various types of lawsuits. For example, personal injury claims from automobile accidents usually have to be filed in court within one or two years after the accident happened. Lawsuits for breach of a written contract might be limited to four, five, or more years. It is different from state to state. 

The laws that establish these time limitations are called “statutes of limitation.” As with any legislative enactment, statutes of limitations can be amended and changed at any time without warning. 

When the time for filing a lawsuit has expired, a defendant can ask the court to dismiss the action. It is important to know that a statute of limitations defense is not automatic. If the age of a claim is not affirmatively presented to the court within the time allowed, the defense might be forfeited.

Statutes of limitation have wider relevance, If a debt collection agency improperly attempts to collect a debt that is older than the statute of limitation allows, it is possibly a violation of the federal Fair Debt Collection Practices Act or state consumer protection laws. 

However, such “zombie debts” can still legally appear on your credit report even if they cannot be collected.

Statutes of limitation do not eliminate the debt or absolve one from liability when the time limit is expired. The simple act of crossing a state line might resurrect a claim in the second state that had expired in the first state. This can happen when two states have different limitations on actions.

A statute of limitations is typically considered to be a procedural law that restricts a court’s ability to docket a case based on its age. A state court normally uses its own state’s statute of limitations for any case that is filed. Choice of law decisions generally distinguish between procedural and substantive law issues. Since state time limits on actions are usually, but not always, procedural the forum state rules generally apply.

A “borrowing” statute or rule, on the other hand, requires a  court to apply another limitation on actions.  A state may thus borrow a different statute of limitations for a particular type of action. One main purpose of borrowing statutes is to prevent plaintiffs from engaging in forum shopping in order to find the longest available statute of limitations, but there is a wide diversity of state laws.

A borrowing statute may be applied where a plaintiff sues in a state different from the state where the act that is the basis of the lawsuit occurred. For example, if an individual is injured in a car accident with an out-of-state driver, that injured person may sue in the driver's home state. If the state in which the lawsuit is filed has a borrowing statute, that state may apply the other state's statute of limitations, as long as it is a shorter statute of limitations than that of the borrowing state.

In determining which state is the one in which the cause of action arose, states will apply various choice of law principles, which may be quite complicated. States that do not have borrowing statutes may apply their own statutes of limitation to most or all lawsuits filed in their state courts, although at times they may apply an out-of-state limitations period based upon a choice of law analysis.

In some states, the borrowing statute will only be applied if the plaintiff was not a resident of that state at the time the cause of action accrued; in others, it will only apply if the defendant was not a resident. Some states limit the use of borrowing statutes to specific types of cases, such as breach of contract actions.

States that do not have borrowing statutes.

1. Arkansas

2. Connecticut

3. Georgia

4. Indiana

5. Louisiana

6. Maine

7. Maryland

8. Nebraska

9. New Hampshire

10. New Jersey

11. New Mexico

12. North Dakota

13. Ohio (tort actions only)

14. Oregon

15. South Carolina

16. South Dakota

17. Vermont

Thirty-three states have borrowing statutes in effect.

Alabama

Ala. Code § 6-2-17

Effect of foreign statutes upon actions on contracts.

When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar thus created is effectual in this state against any action commenced thereon in the same manner it would have been in the state or country where the act was done or contract made.

“In Alabama, the traditional choice of law rule of lex loci delicti governs tort causes of action and requires that the substantive law of the place where the tort occurred must be employed, while procedural law of the forum state is to be applied.”

Randolph v. Tennessee Valley Authority, 792 F. Supp. 1221 (N. D. Ala. 1992)

See also: Jones v. Triple Crown Services Co., 44 F. Supp. 2d 1339 (M. D. Ala. 1999)

Alaska

Alaska Statutes § 09.10.220

Action arising in other jurisdictions between nonresidents

When a cause of action has arisen in another state or in a territory or foreign country between nonresidents of this state, and by the laws of the state, territory, or country where the cause of action arose that action cannot be maintained because of a lapse of time, the action may not be maintained in this state.

“The trial court held that pursuant to AS 09.10.220, the six year statute of limitation on judgments applicable in Nevada bars recovery of arrearages which accrued prior to September 1971.” [f.n.1]

Malekos v. Chloe Ann Yin, 655 P. 2d 728 (Alaska 1982)

Arizona

AZ Rev. Stat. § 12.506

Action barred by foreign statute of limitation, bankruptcy or insolvency

A. No action shall be maintained against a person removing to this state from another state or foreign country to recover upon an action which was barred by the law of limitations of the state or country from which he migrated.

B. No action shall be brought to recover money from an immigrant who was released from its payment by the bankruptcy or insolvency laws of the state or country from which he migrated.

California

California Code of Civil Procedure § 361.  

Effect of Limitation Laws of Other States

When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued.

Colorado

CO Rev. Stat. § 13-80-110

Causes barred in state of origin

If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state.

Delaware

10 Delaware Code § 8121

Cause of action arising outside State

Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by the law of the state or country where the cause of action arose, for bringing an action upon such cause of action. Where the cause of action originally accrued in favor of a person who at the time of such accrual was a resident of this State, the time limited by the law of this State shall apply.

Florida

Florida Statutes § 95.10

Cause of action arising in another state.

When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.

Hawaii

Hawaii Rev. Stat. § 657-9

Action barred in foreign jurisdiction

When a cause of action has arisen in any foreign jurisdiction, and by the laws thereof an action thereon cannot there be maintained against a person, by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a domiciled resident thereof, who has held the cause of action from the time it accrued.

Idaho

Idaho Code § 5-239

Actions  barred in another state

When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state and who has held the cause of action from the time it accrued.

Illinois

735 IL Comp.d Stat. 13-210

Foreign limitation. 

When a cause of action has arisen in a state or territory out of this State, or in a foreign country, and, by the laws thereof, an action thereon cannot be maintained by reasons of the lapse of time, an action thereon shall not be maintained in this State.

Iowa

Iowa Code § 614.7

Bar in foreign jurisdiction.

When a cause of action has been fully barred by the laws of any country where the defendant has previously resided, such bar shall be the same defense here as though it had arisen under the provisions of this chapter; but this section shall not apply to causes of action arising within this state.

Kansas

Kansas Statutes § 60-516

Actions originating in another state

Where the cause of action has arisen in another state or country and by the laws of the state or country where the cause of action arose an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this state except in favor of one who is a resident of this state and who has held the cause of action from the time it accrued.

Kentucky

Kentucky Rev. Stat. KRS § 413.320

Cause of action barred here if barred where it accrued

When a cause of action has arisen in another state or country, and by the laws of this state or country where the cause of action accrued the time for the commencement of an action thereon is limited to a shorter period of time than the period of limitation prescribed by the laws of this state for a like cause of action, then said action shall be barred in this state at the expiration of said shorter period.

Minnesota

Minnesota Statutes 541.31

Conflict of Laws - Limitation Periods

Subdivision 1. General. (a) Except as provided by subdivision 2 and section 541.33, if a claim is substantively based:

(1) upon the law of one other state, the limitation period of that state applies; or

(2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies.

(b) The limitation period of this state applies to all other claims.

Subdivision 2. Action arising out of state; resident plaintiff. If a cause of action arises outside of this state and the action is barred under the applicable statute of limitations of the place where it arose, the action may be maintained in this state if the plaintiff is a resident of this state who has owned the cause of action since it accrued and the cause of action is not barred under the applicable statute of limitations of this state.

Massachusetts

Massachusetts General Laws Ch. 260, § 9

Nonresident defendant;  suspension of limitation      

If, when a cause of action hereinbefore mentioned accrues against a person, he resides out of the commonwealth, the action may be commenced within the time herein limited after he comes into the commonwealth; and if, after a cause of action has accrued, the person against whom it has accrued resides out of the commonwealth, the time of such residence shall be excluded in determining the time limited for the commencement of the action;  but no action shall be brought by any person upon a cause of action which was barred by the laws of any state or country while he resided therein.

Michigan

Mich. Comp. Laws § 600.5861 

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

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.

Mississippi 

Mississippi Code. § 15-1-65

Action barred in another jurisdiction barred here

When a cause of action has accrued outside of this state, and by the laws of the place outside this state where such cause of action accrued, an action thereon cannot be maintained by reason of lapse of time, then no action thereon shall be maintained in this state; provided, however, that where such a cause of action has accrued in favor of a resident of this state, this state's law on the period of limitation shall apply.

Missouri

MO Rev Stat § 516.190

Limitations on actions originating in other states. — Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts of this state.

Montana

Montana Code Annotated § 27-2-104

Application of this state's statutes of limitations -- actions against nonresidents. When a cause of action that does not involve the title to or possession of real property within the state accrues against a person who is not then a resident of the state, an action is governed by part 5 of this chapter.

Montana Code Annotated §27-2-503. 

Conflict of laws -- limitation periods. 

1) Except as provided by 27-2-505, if a claim is substantively based:

(a) upon the law of one other state, the limitation period of that state applies; or

(b) upon the law of more than one state, the limitation period of one of those states chosen by this part applies.

(2) The limitation period of Montana applies to all other claims.

Nevada

NV Rev Stat § 11.020

Effect of laws of limitation of other states or countries. When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a citizen thereof who has held the cause of action from the time it accrued.

New York

NY CPLR 202

Cause of Action Accruing Without the State. An action based upon a cause of action accruing without the state cannot be commenced after the expiration of the time limited by the laws of either the state or the place without the state where the cause of action accrued, except that where the cause of action accrued in favor of a resident of the state the time limited by the laws of the state shall apply.

North Carolina

North Carolina General Statute § 1-21

Defendant out of State; when action begun or judgment enforced.

If when the cause of action accrues or judgment is rendered or docketed against a person,

he is out of the State, action may be commenced, or judgment enforced within the times herein

limited after the return of the person into this State, and if, after such cause of action accrues or

judgment is rendered or docketed, such person departs from and resides out of this State, or

remains continuously absent therefrom for one year or more, the time of his absence shall not

be a part of the time limited for the commencement of the action or the enforcement of the

judgment. Provided, that where a cause of action arose outside of this State and is barred by the

laws of the jurisdiction in which it arose, no action may be maintained in the courts of this State

for the enforcement thereof, except where the cause of action originally accrued in favor of a resident of this State.

The provisions of this section shall not apply to the extent that a court of this State has or

continues to have jurisdiction over the person under the provisions of G.S. 1-75.4.

Ohio

ORC 2305.03(B) 

No tort action, as defined in section 2305.236 of the Revised Code, that is based upon a cause of action that accrued in any other state, territory, district, or foreign jurisdiction may be commenced and maintained in this state if the period of limitation that applies to that action under the laws of that other state, territory, district, or foreign jurisdiction has expired or the period of limitation that applies to that action under the laws of this state has expired.

Oklahoma

12 OK Stat § 105

Law governing

The period of limitation applicable to a claim accruing outside of this state shall be that prescribed either by the law of the place where the claim accrued or by the law of this state, whichever last bars the claim.

Pennsylvania

42 Pa. C.S. § 5521

Limitations on foreign claims

(a) Short title of section This section shall be known and may be cited as the "Uniform Statute of Limitations on Foreign Claims Act."

(b) General ruleThe period of limitation applicable to a claim accruing outside this Commonwealth shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this Commonwealth, whichever first bars the claim.

(c) Definition As used in this section "claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.

Rhode Island

R.I. Gen. Laws § 9-1-18 (1969);

Effect of absence from state on limitations.

If any person against whom there is or shall be cause for any action, as enumerated in this chapter, in favor of a resident of the state, shall at the time the cause accrues be outside the limits of the state, or being within the state at the time the cause accrues shall go out of the state before the action is barred by the provisions of this chapter, and does not have or leave property or estate in the state that can be attached by process of law, then the person entitled to the action may commence the action, within the time before limited, after the person has returned into the state in such a manner that an action may, with reasonable diligence, be commenced against him or her by the person entitled to the action; provided, however, that no action shall be brought by any person upon a cause of action accruing outside this state which was barred by limitation or otherwise in the state, territory, or country in which the cause of action arose while he or she resided in the state.

Tennessee

Tenn. Code. § 28- 1-112 

Application of foreign statutes.

Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a resident in such state or such government, the bar is equally effectual in this state.

Texas

Tx. Civ. Prac. and Rem. Code § 16.066

Action on Foreign Judgment

(a) An action on a foreign judgment is barred in this state if the action is barred

under the laws of the jurisdiction where rendered.

(b) An action against a person who has resided in this state for 10 years prior to the action may not be brought on a foreign judgment rendered more than 10 years before the commencement of the

action in this state.

(3) In this section "foreign judgment" means a judgment or decree rendered in another state or a foreign country.

Tx. Civ. Prac. and Rem. Code § 16.067

Claim Incurred Prior to Arrival in this State

(a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came. 

(b) A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country

from which the person came.

(c) A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months. This subsection does not affect the application of Subsections (a) and (b).

Utah

Ut. Code § 78B-2-103

Action barred in another state barred in Utah.

A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.

Virginia

Va. Code § 8.01-247

When action on contract governed by the law of another state or country barred in Virginia.

No action shall be maintained on any contract which is governed by the law of another state or country if the right of action thereon is barred either by the laws of such state or country or of this Commonwealth.

Washington

Wa. Rev. Code § 4.16.290

Foreign statutes of limitation, how applied.

When the cause of action has arisen in another state, territory or country between nonresidents of this state, and by the laws of the state, territory or country where the action arose, an action cannot be maintained thereon by reason of the lapse of time, no action shall be maintained thereon in this state.

West Virginia

W. Va. Code § 55-2-17

. . . . And upon a contract which was made and was to be performed in another state or country, by a person who then resided therein, no action shall be maintained after the right of action thereon is barred either by the laws of such state or country or by the laws of this state.

Wisconsin

Wis. Stat. § 893.07

Application of foreign statutes of limitation.

(1)  If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state.

(2) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies to that action has not expired, but the applicable Wisconsin period of limitation has expired, no action may be maintained in this state.

Wyoming

WY Stat. § 1-3-117 

Effect of foreign law

If by the laws of the state or country where the cause of action arose the action is barred, it is also barred in this state.

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Restatement (Second) of Conflict of Laws

§ 6. Choice-of-Law Principles

"(1) A court, subject to constitutional restrictions, will follow a statutory directive of its own state on choice of law.

"(2) When there is no such directive, the factors relevant to the choice of the applicable rule of law include:

"(a) the needs of the interstate and international systems,

(b) the relevant policies of the forum,

(c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue,

(d) the protection of justified expectations,

(e) the basic policies underlying the particular field of law,

(f) certainty, predictability and uniformity of result, and

(g) ease in the determination and application of the law to be applied.

§ 145. The General Principle

(1) The rights and liabilities of the parties with respect to an issue in tort are determined by the local law of the state, which with respect to that issue, has the most significant relationship to the occurrence and the parties under the principles stated in § 6.

(2) Contacts to be taken into account in applying the principles of § 6 to determine the law applicable to an issue include:

(a) the place where the injury occurred,

(b) the place where the conduct causing the injury occurred,

(c) the domicile, residence, nationality, place of incorporation and place of business of the parties, and

(d) the place where the relationship, if any, between the parties centered.

These contacts are to be evaluated according to their relative importance with respect to the particular issue.

§ 146. Personal Injuries

In an action for personal injury, the local law of the state where the injury occurred determines the rights and liabilities of the parties, unless, with respect  to the particular issue, some other state has a more significant relationship under the principles stated in § 6 to the occurrence and the parties, in which event the local law of the other state will be applied.

§ 175. Right of Action for Death

In an action for wrongful death, the local law of the state where the injury occurred determines the rights and liabilities of the parties unless, with respect to the particular issue, some other state has a more significant relationship under the principles stated in § 6 to the occurrence and the parties, in which event the local law of the other state will be applied.