[parker1967]

I own a house in Florida but live/rent in North Carolina.

Which state's Statute of Limitations applies?

Thanks!

[LawResearcherMissy]

The state in which you entered into the contract.

[Mr. Knowitall]

Possibly, the state in which you're sued. It depends upon the exact cause of action and whether there's a "borrowing statute" in that state.

[parker1967]

The following was found here: http://www.fair-debt-collection.com/...mitations.html

I'm often asked how to determine which State's statute of limitations to use in any given situation. Section 811 of the Fair Debt Collection Practice Act; "Legal actions by debt collectors" answers this question.

Generally:

In order to obtain court judgements on most debts, collectors must sue in the judicial district where the consumer resides. However, there are exceptions:

Child support orders are recognized and enforced in every state. If you have child support judgment from NY and move to Florida, the NY statutes of limitation apply.

Signed contracts (not revolving credit accounts); collectors can seek a judgement in the state where the contract was signed. Once they have a judgment collectors or creditors can use either the state where it was granted or have the judgment domesticated to the state where you reside, depending on which state offers the longest SoL.

Example: You live in New Jersey and a debt collector is attempting to collect on a past due credit card bill. The collector must obey the NJ statute of limitations for open ended credit contracts which is 4 years. On the other hand, if you live in NJ but signed a contract to have body work done on a vehicle in Pennsylvania, then a collector can sue for a judgment in PA (good for 20 years).

Under written credit contracts such as car loans, mortgages, and so forth, creditors retain the right to decide which state to sue in, so always expect creditors to choose the state with the longest statute of limitations and the greates amount of award!

[divemedic]

Parker-

You are mistaken, and in more than one way. First, the FDCPA only applies to debt collectors. That is defined as "any person who ... regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Which means that creditors are exempt, as are attorneys (for the most part).

The second way in which you are incorrect is that the FDCPA does not say that the CA must sue you where you reside. What the law says is:

(a) Any debt collector who brings any legal action on a debt against any consumer shall—
(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.

So, to sum the law up:

- The FDCPA only applies to debt collectors, not to creditors or to anyone else.

- If a debt collector DOES sue you, then they must sue you where you reside, or where you signed the contract, unless the suit is for a debt concerning real estate, in which case they must sue you where the property is located.

The SOL of the court where the action is commenced is the SOL you use, but making things more complicated is Florida law, which says:

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.

If you are sued in Florida for a debt you incurred in another state, the shorter of the two SOL's is used.

[parker1967]

Thanks DiveMedic, it appears that whomever wrote that article was incorrect.

My question was in reference to a junk debt collector, Portfolio Recovery, and credit card only debt. I reside in NC, the credit card contract was signed in NC and the credit card charges were made in NC.

[jk]

does the original contract provide for some specific states jurisdiction and laws to apply?

If not, it would appear that NC statutes would apply.

but, before you going getting excited, there is often more to a statute of limitations than a simple number. There are often tolling statutes involved. In some states, credit cards are considered open accounts. In others, they are considered simple contracts.

I have not researched your particular states statutes.