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  1. #1
    Join Date
    Nov 2007
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    3

    Default Statute of Limitations and Credit Card Debt When Living Abroad

    Four years ago AMEX increased the interest on $10k of debt claiming my electronic payment was 1 day late. I refused to pay the increase. They refused to accept my payoff minus the increased interest. At that time I was a California resident. Immediately after this event I moved abroad. I maintain a checking account and credit card in a bank in another state where my parents live. My credit report shows their address as my residence, not my actual address abroad.

    What statue of limitations applies to the debt? California - in which case the SOL has passed? My parent's state in which it hasn't passed? Or none of the above since I live abroad?

    Thanks for the help

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Statute of Limitations and Credit Card Debt When Living Abroad

    You haven't told us what your parents have to do with anything.

    Your absence from the state of California tolls the statute of limitations, such that it is not presently running. See Section 351 of the California Code of Civil Procedure.

  3. #3
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Statute of Limitations and Credit Card Debt When Living Abroad

    Thanks for your reply

    >>You haven't told us what your parents have to do with anything.

    I mention the fact that I have a checking account in my parents state just in case that in some way created a residence status for me in that state.

    >>Your absence from the state of California tolls the statute of Relimitations, such that it is not presently running. See Section 351 of the California Code of Civil Procedure.


    What does this mean with respect to the SOL if I never return to California, or to the USA?

    Thanks again for your help

  4. #4
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Statute of Limitations and Credit Card Debt When Living Abroad

    There was an error in my original post.

    In the post I wrote "At that time I was a California resident. Immediately after this event I moved abroad"

    What I should have said is that when the card was issued I was a California resident. At the time the debt was accrued I was already living abroad (The bills were being sent to my parent's residence in another state.)

    Does this additional information help clarify what SOL applies?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statute of Limitations and Credit Card Debt When Living Abroad

    If the jurisdiction is California, with the statute tolled during your absence, the statute of limitations will not run due to your absence. If the jurisdiction is where your parents live, you would have to check the laws of that state (but most states have similar tolling provisions).

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