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I'd like to know from the experts here on Creditcard agreements on how to interpret and what to expect from Crap1 (excerpt quoted below) since arbitration has been removed. I have a pair of their cards with approx $1700 on each, both of which were charged off Fall 2014. I successfully settled one for my wife (2.1k) for a quarter of the total, but this was back when I was relatively new to all of this. Since then I've amassed a wealth of information, documents, as well as a whole lot of knowledge, consider myself fairly well read thanks to this forum so I'm as prepared as well as one could expect. I am from Montana and have a wealth of forms I've built from what I collected from the court house archives, all properly re-captioned, edited for clarity that have been inspected and approved by my contact at the local Self-Help Law Center. As far as the SOL in Montana is concerned: Contracts not in writing, 5 years. Mont. Code Ann. § 27-2-202(2) The Montana Supreme Court does not consider credit card accounts to be contracts in writing, thus they are subject to a 5-year statute of limitation from the date of last payment. Colo. Nat'l Bank of Denver v. Story, 261 Mont. 375, 862 P.2d 1120, 1122 (1993) (holding that Montana's five-year statute of limitation on an account stated commences running from the date of the last payment) The Law that Applies to Your Agreement. We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement will be interpreted using Virginia law. Federal law will be used when it applies.You waive any applicable statute of limitations as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Virginia or the jurisdiction where you live. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect. Waiver. We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example, we may waive your Interest Charges or Fees without notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person."
I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!