[dwinston]

does it go by state you had the credit card or where you live now?
I lived in Illinois when I had the card, now in Georgia

[Betty3]

The creditor can use the state where the debtor resides or where the contract was signed whichever has the longest SOL. It doesn't matter where the creditor is now.

[aaron]

Statutes of limitation are normally deemed procedural in nature, meaning that a state will apply its own statute of limitations to a lawsuit commenced in its courts. However, most states have enacted "borrowing statutes" which under certain circumstances will apply the statute of limitations from a different state.

I believe that Georgia is one of the states which does not have a borrowing statute.

[Betty3]

Sect. 811 FDCPA, consumer credit protection statute 1692i - creditor can sue in state where contract signed or state where debtor currently lives. (You have to sue for real property in state where it is located.)

If they decide to sue you in the state you currently live, they would most likely have to use your current state's SOL.

add'l. info: OP asked in previous thread info re if was taken to court & sued - that's why I gave info re where could be sued.

[GreatGadsby]

side note: **FDCPA only applies to "debt collectors".. not to original creditors.

[Betty3]

That's true - I probably should have said debt collector instead of using the word creditor though some web sites do when referring to FDCPA.I guess I assumed it went w/o saying that it didn't apply to orig. creditor. OP per her prior thread had already received a letter from a third party "creditor/collector" & sent them a DV letter. Usually by the time debtor is sued, orig. creditor has passed off debt. & you're not being sued by orig. creditor.
add add'l. info: Some states have their own state regs re in house debt coll.- Ca. has rfdcpa. In Ca. orig. creditor has a 3rd option of where to sue - can sue you in county where you resided when debt incurred.