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SOL when moving between states


atlbraves
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Hello,

I have learned so much from reading these forums, thanks everyone!

My question:

I signed a Discover Card in South Carolina in 1996 (lived in SC for 10 months), then immediately moved out of state to North Carolina, where it went to collections in 2000 (DOLA was April 2000). Now living in Virginia for the past 4 years, can Discover come after me, claiming the SOL does not apply in my case since I have not lived in South Carolina (where contract was signed) or in North Carolina (where it went to collections) for the 3 full years? It is not clear when/if a state freezes an account with regards to the SOL.

Thank you for any assistance.

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that is an excellent question. I would assume that the state where the contract was signed is the SOL that should be followed. I am assuming this based on the fact that to be sued you must be sued where you live or where the business in question was conducted.

Though weird enough, my fiance was sued in county he hadn't lived in almost 6 months, which wasn't even the county that the contract was signed in.

I hope someone may have some more insight regarding this question!

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Where they can sue you, per the FTC Staff Commentary on the FDCPA

SECTION 811 -- LEGAL ACTIONS BY DEBT COLLECTORS

Section 811 provides that a debt collector may sue a consumer only in the judicial district where the consumer resides or signed the contract sued upon, except that an action to enforce a security interest in real property which secures the obligation must be brought where the property is located.

4. Services without written contract. Where services were provided pursuant to an oral agreement, the debt collector may sue only where the consumer resides. He may not sue where services were performed (if that is different from the consumer's residence), because that is not included as permissible forum location by this provision.

If you're sued in the state that the contract was signed, you can file a motion for change of venue & try to get it moved to your state of residence.

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The rule is that the SOL of the forum state governs. I.e. if you are sued in Virginia you would have to worry about Virginia law. In some states being out of state tolls the time limit, so you would have to research your particular state law to figure this out. Odds are you will be safe though and they won't sue if it has been longer than the limitation period. However, if they did sue, it would be your burden to prove that the limitation period has expired and that there is no basis for tolling the time period under your facts.

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