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Tricky--SOL Indiana or Ohio


mebits
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Fascinating problem. I have a friend who was threatened with legal action by a CA over an alleged CC debt. DOLA was Oct 2000.

The address shown on the copy of an alleged CC statement was an OH P.O. Box, BUT this person was an Indiana resident, with auto and DL in Indiana and utility bills etc. with an Indiana addy at the time of the stated CC account creation.

Who's SOL gets used?

Thanks,

M

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It sounds like CC fraud to me. Something worth reporting to the local police dept and to all three credit bureau's. I'd dispute this reporting as fraud to.

If your friend was living in Indiana and opened this credit card acct while living in Indiana, than I would assume Indiana has jurisdiction. On the other hand, if she/he moved during the time of her card usage I would assume his/her new state of residence would have jurisdiction.

---but than I've heard it depends on where the debtor lives regardless. This is an excellent question and I'll look forward to seeing the answer.

You didn't mention where this person now resides. And either way, the SOL is 6 yrs. I looked up both states. If it was me, I'd send them a letter citing the SOL and let them know if they choose to pursue the matter further, I will use the Statute of Limitations as my absolute defense. The only other thing to consider is, what BOTH states regard credit card as. Is it deemed "open ended" accts in BOTH states?

Elyse

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This person HAD (back in 2000) an Ohio PO Box because it was the closest available PO Box. The town she lived in was bisected by the state line and the PO in town had no boxes available.

Currently, the individual lives in another, adjacent state.

I had gathered that a CA can sue only in the state where the application was signed, OR in the current state of residence. So, it would matter quite a bit if the MAILING addy was used as the state where the application was signed, not the actual residence. I.e. not time barred vs. out of SOL (current residence and prior ACTUAL residence). This really isn't ever well-defined anywhere that I've read.

Thanks,

M

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They can sue where the agreement was entered into or where they currently reside. However, since it's in another state and difficult for them to defend, they can move the court to either dismiss the case or grant a change of venue do it it being an inconvenient forum. Courts grant such motions as a matter of course, and rarely question it where it involves a suit by a large company against an individual consumer.

She could likely then apply the SOL of her current residence.

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Looks like 413.090 may place you in a 15 year SOLC liability.

413.320 is their borrowing statute and it looks like if it's barred on a shorter SOLC from the originating state, it's barred in Kentucky also. Indiana is six years I think, so you have that going for you.

That's helpful. They can't prove the debt, I'd bet, but that's not the initial issue. SOL matters when and if you fight back. I'll pass it on.

Thank you very much.

M

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