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  1. #1
    Join Date
    Sep 2006
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    1

    Default Which State's Statute of Limitations Applies to a Lawsuit

    If I aquired a debt in FL, was wrongfully charged for it, and refused payment. I now live in GA, the states have different lengths of time to file claim, do I fall under GA or FL. Also, should the debt be unenforcable, if I dispute it with them, can it be removed from my credit information?

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

    Default Re: Which State's Statute of Limitations Applies

    It can be complicated....

    The debt was acquired in Florida. If you are sued in Florida, that state will apply its own limitations period.

    If you are sued in another state, traditionally the state in which you were sued will apply its own limitations period. Statutes of limitation are generally regarded as procedural law, not substantive law, so the law of the forum is normally applied.

    But.... many states have implemented borrowing statutes which would apply the statute of limitations from the state where the debt originated. Sometimes the borrowing statute will also look at the domestic limitations period, applying the foreign limit unless it exceeds to the domestic limit (effectively applying the shorter limitations period).

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Which State's Statute of Limitations Applies

    I'll bet that cleared it up for the OP, Aaron.

    to the last part of the question.

    The fact the debt is not enforceable but is still a valid debt does not affect it being reported on your credit report.

    Just because a SOL has barred court ordered collection does not invalidate the debt itself. It just means the courts will not force payment of the debt. It will continue to be reported on your credit report for the entire statutory limited time.

    If you can prove the debt is invalid, then you can have it removed from your credit report. Have fun with that. It is often a case of David and Goliath but Goliath in these cases doesn't die off so easily as in the Bible story. He gets a few pretty good licks in before succumbing.

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