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  1. #1
    Join Date
    Sep 2011
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    CA
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    Default Statute of Limitations on Private TERI Loans

    My question involves collection proceedings in the State of: California

    I have a private TERI student loan. The Original Prom Note says Illinois Law governs the prom note.
    I live in California, the note defaulted in 2002 and no payments have been made since 2002.

    What state(s) statue of limitations law governs the collection of the debt, California or Illinois?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Statute of Limitations on Private TERI Loans

    What is the exact contract language pertaining to choice of law and the statute of limitations?

  3. #3

    Default Re: Statute of Limitations on Private TERI Loans

    Statute of limitations is procedural law and the state where you're sued will decide which statute of limitations to apply, either its own, or the SOL of another state based on a borrowing statute. My understanding of choice of law contract provisions is that courts usually apply them only to substantive law, not procedural law.

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