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  1. #1
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    Mar 2011
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    Default Which State's Statute of Limitations Applies to a Credit Card Lawsuit

    My question involves collection proceedings in the State of: Rhode Island I live in RI but the debt was incurred in California where I lived from 1998 to 2005. The debt was from 2000-2002 when I was living in California. My question is the SOL valid in the state of where the debt was incurred which is California or where I presently live in the state of RI?

  2. #2
    Join Date
    Jul 2010
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    7,874

    Default Re: Does Statute of Limitations

    Generally, SOL stays with the jurisdiction where the debt was incurred.

  3. #3
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Does Statute of Limitations

    Actually, generally the statute of limitations is that of the forum in which a lawsuit is filed. Some states have "borrowing statutes" that look to the statute of limitations from the state in which the cause of action accrued, but they typically only apply the out-of-state limitations period if it's less than or equal to that of the forum state.

  4. #4
    Join Date
    Mar 2011
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    5

    Default Re: Which State's Statute of Limitations Applies to a Credit Card Lawsuit

    I asked this same question and a debt collector for over 40 yrs said the debt where it was incurred is where the SOL is valid in not where I live now. Does this make sense?

  5. #5
    Join Date
    Sep 2010
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    19,671

    Default Re: Which State's Statute of Limitations Applies to a Credit Card Lawsuit

    I would never take legal advice from a debt collector, they are generally ignorant of the law. But he's probably right in a round about way.

    As you were correctly told by other posters, it's the state that the lawsuit is filed in. The question is then what states can they file the lawsuit in. The state you entered into the debt most likely has jurisdiction. The state that you are in now may also allow the suit depending on the nature of the account.

    Further, in CALIFORNIA (as with many states), the time that you are not present in the state, doesn't now count for the statute of limitations.

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