What State's Statute of Limitations Applies

[dge729]

My question involves collection proceedings in the State of: ARIZONA, MICHIGAN

Hello. I have been receiving letters from Portfolio Recovery Associates on and off for about 3 years. Long story short, I was in a chapter 13 repayment plan, which I filed in 2005, and stopped in 2008 (dismissal, not discharged). Apparently, I still had outstanding balance with a capital one account. The last time I paid on it (thru ch 13) was in 2008.

I now live in Arizona (2007-) and before that lived in Michigan. Since the account originated when I lived in Michigan, and I filed bankruptcy in michigan, which states statute of limitations would I fall under? Arizona has a 3 year SOL, and Michigan has a 6 year SOL.

Since I'm an Arizona resident, and my last paymnet was posted in 2008, would this fall under AZ, or MI. Just wondering so I can send them a cease and desist letter.

Thanks.

[Mr. Knowitall]

The statute of limitations will generally be that of the venue, unless a borrowing statute applies the limitations period from the jurisdiction in which the cause of action accrued. Arizona will apply its own statute of limitations once you've been domiciled in that state for at least a year. A.R.S. Sec. 12-507. It's unlikely that you would be sued in Michigan, but that may remain possible.