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.

