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  1. #1

    Default Moved, Statute of Limitations Expired in Old State but Not in New, Which Applies

    My question involves collection proceedings in the State of: Indiana

    My daughter is being sued by a collection agency on an old capital one credit card. The agreement states that the laws governing the statute of limitations is either VA (3 years) or the state which she resides, which ever is greater.

    The card was given in California in 2003, she defaulted in July of 2005. California has an SOL of 4 years. In 2008 she moved to Indiana. Indiana has an SOL of 6 years. The account had long been closed and sold when she made the move. All charges were made in California. Which SOL would apply? She has just graduated College and says she can not afford the 1200 they want for her 300 debt. Yesterday she was served notice that the newest owner of the account is suing her for the money. The attached last known bill shows her California address and the date of Dec 2005, although from the balance it is obvious this bill had not been paid in a long time. We can not afford to get her an atty. Her father thinks she should fight using SOL but I want to double check.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Moved, Statute of Limitations Expired in Old State but Not in New, Which Applies

    It depends where they file suit:

    Virginia you are beyond SOL.
    Indiana you are within SOL but the question there would be jurisdiction.
    California limitations tolled when she left the state, so they can sue her there.

    At 18% (typical, may have been higher) the debt will double in under 4 years (even if they don't charge any legal or other fees).

  3. #3

    Default Re: Moved, Statute of Limitations Expired in Old State but Not in New, Which Applies

    They filed in Indiana where she is currently living. So if you had a debt that was out by sol, then you move to another state it can revive?

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Moved, Statute of Limitations Expired in Old State but Not in New, Which Applies

    A debt doesn't go out of SOL. It doesn't magically poof because SOL hits somewhere. SOL is a law that governs how old a issue can be filed in that court. As far as Indiana is concerned the debt has never been out of limitation.

  5. #5

    Default Re: Moved, Statute of Limitations Expired in Old State but Not in New, Which Applies

    do you think Indiana has jurisdiction? Should she try to fight it?

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