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  1. #1
    Join Date
    Mar 2011
    Posts
    5

    Default Which State is the Statute of Limitations Valid for

    My question involves collection proceedings in the State of: I live in a different state from the state where I defaulted on a credit card debt. Which state is SOL valid for the one I presently live in or the state where the I defaulted on the cc debt?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Which State is the Statute of Limitations Valid for

    Depending on the state's involved, most likely the forum state (where the lawsuit was filed) or possibly, if shorter, the state in which the cause of action accrued.

    As you didn't follow the instruction to identify the states involved, you'll have to research the laws of those states.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Which State is the Statute of Limitations Valid for

    It's not MOST LIKELY, it is absolutely the state in which the lawsuit is filed. Most likely they will sue you in the state you were in when you defaulted (they would have jurisdiction), so that state's SOL would apply. Since you didn't bother to answer the question of "what state?", we can't answer further. Most states TOLL (put the SOL time on hold) for the period you are outside the state, so you aren't likely to be able to assert the limitations period has expired.

  4. #4
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Which State is the Statute of Limitations Valid for

    sorry about that the states in question are incurred the debt in CA and now I live in RI. I know the SOL in CA for cc debt is 4 yrs and I stayed there for long than 4yrs after that. So which do I follow?

  5. #5

    Default Re: Which State is the Statute of Limitations Valid for

    Check your credit card user agreement; it will tell you the state (which can be different than where the card user is, where billing was sent, and even different than where the company is incorporated).

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