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  1. #1
    Join Date
    Aug 2007
    Posts
    1

    Default Limitations on a Credit Card Debt Lawsuit

    I accumulated credit card debt when I was a resident of Louisiana. I have been a North Carolina resident for 2 years and am being sued in NC for the
    debt. It has been 4 years since I made a payment. The statutes of limitations on recovery in NC is 3 years, but 10 years in Louisiana where I lived when I entered into the contract with the credit card company. Don't they have to sue me in Louisiana?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Limitations on credit debt lawsuit

    Read your credit card agreement.

    That will tell you the state whose laws govern the contract.

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

    Default Re: Limitations on credit debt lawsuit

    North Carolina statutes provide,
    Quote Quoting NCGS § 1‑21. Defendant out of State; when action begun or judgment enforced.
    If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and if, after such cause of action accrues or judgment is rendered or docketed, such person departs from and resides out of this State, or remains continuously absent therefrom for one year or more, the time of his absence shall not be a part of the time limited for the commencement of the action or the enforcement of the judgment. Provided, that where a cause of action arose outside of this State and is barred by the laws of the jurisdiction in which it arose, no action may be maintained in the courts of this State for the enforcement thereof, except where the cause of action originally accrued in favor of a resident of this State.

    The provisions of this section shall not apply to the extent that a court of this State has or continues to have jurisdiction over the person under the provisions of G.S. 1‑75.4.
    You should discuss that with a North Carolina lawyer. It appears that the statute would allow the lawsuit to proceed as you have only been in North Carolina for two years, and as the Louisiana statute of limitations has not run. The statutory language preceding the boldfaced sentence, though, seems to contemplate a North Carolina resident who leaves the state after a cause of action accrues, so that part of the statute may not apply to your situation.

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