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What State's Statute of Limitations Applies to a Credit Card Default

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  • 04-30-2011, 02:04 PM
    twaters197
    What State's Statute of Limitations Applies to a Credit Card Default
    My question involves collection proceedings in the State of: CA and now I moved back to RI. In CA where I defaulted they say back in 2002 on a credit card debt. CA's SOL is 4 yrs on CC debt and in RI it's 10 yrs. Which 1 do I abide by CA or RI?
  • 05-01-2011, 07:51 AM
    flyingron
    Re: What State's Statute of Limitations Applies to a Credit Card Default
    You keep opening threads asking the same question.
    The answer will be the same.

    The state in whose court you are sued is the one whose laws apply.
    The state you can be sued in depends on where you lived (and where the lender was) when you took out the loan.
    Many states will toll the statute of limitations (put the clock on hold) when you are leave the state.
  • 05-01-2011, 08:37 AM
    aardvarc
    Re: What State's Statute of Limitations Applies to a Credit Card Default
    And, specific to credit cards, the applicable state will generally be the one where the credit card company wants it to be. Check your credit card user agreement...you know, the little pamphlet with the little tiny fine print that everyone throws away. It should very specifically lay out that your use of their card constitutes agreement to jurisdiction as outlined in the agreement.
  • 05-01-2011, 06:03 PM
    scorpio72
    Re: What State's Statute of Limitations Applies to a Credit Card Default
    it's been always 2 decades since I got the credit card. So your exactly right I guess I must of thrown it away. But I goggled it and it says it was incorporated like many businesses in Delaware which only has a 6 yr SOL on credit card debt. So if they do sue me which is been almost in this state up to the SOL which is 10yrs then I know it's over. It this correct and the flyingron sorry didn't mean to annoy anyone!! New here thanks for understanding.
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