[jimf1115]

A collection agency is seeking the debt from credit card company who is incorporated in Delaware. The lawsuit was file in PA and the defendant resides in PA.

Delaware satute of limitations is 3yrs for a written contract and PA's is 4yrs. Which one applys to the civil action taken by collection agency?

[aaron]

If you're going to add also that the defendant obtained the credit card while in Pennsylvania, and has been in Pennsylvania the entire time, I would expect Pennsylvania to apply its own limitations period.

(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 rule. - The 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.