mmckey Posted March 21, 2007 Report Share Posted March 21, 2007 I have a question regarding the statute of limitations. I am trying to clean up my credit report...aren't we all?Anyway, my question is. I went into debt in one state several years ago then moved to another state. What state's statute of limitations do I go by - the state where I went into debt or where I live now?Thanks for your helpMissy Link to comment Share on other sites More sharing options...
gypsie Posted March 21, 2007 Report Share Posted March 21, 2007 Usually it goes like this:The state statute can be either where the debtor lives or where the contract was entered into. The CREDITOR does have the right to choose the state with the longer statute but the creditors or collectors location is moot. This is covered in Section 811 of the FDCPA However, to be sure- It's always good to check state laws. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Report Share Posted March 21, 2007 Usually it goes like this:The state statute can be either where the debtor lives or where the contract was entered into. The CREDITOR does have the right to choose the state with the longer statute but the creditors or collectors location is moot. This is covered in Section 811 of the FDCPA However, to be sure- It's always good to check state laws.My NACA lawyer said he has never seen it go that way though.. if they sue they have to do it within your jursidiction.. which is the state in which you live.. For example if you go to NY for the weekend and open a credit card there for instant credit.. and I default after shopping.. they still will come after me in NC not NY.. otherwise when you get sued.. a judge would have to know every state statute.. that makes no sense.. technically I suppose it can happen but I know at least in NC if you are sued here.. (which they have to sue where you live) that is the SOL you go by Link to comment Share on other sites More sharing options...
gypsie Posted March 21, 2007 Report Share Posted March 21, 2007 otherwise when you get sued.. a judge would have to know every state statute.. that makes no sense.. technically I suppose it can happen but I know at least in NC if you are sued here.. (which they have to sue where you live) that is the SOL you go byHmmm... good point. Link to comment Share on other sites More sharing options...
mmckey Posted March 21, 2007 Author Report Share Posted March 21, 2007 I wish I would have found this place before the credit card company lawyer sued me for balance on old cc with D.O.L.A in 6/2001. I am in Louisiana, I believe the "open account" S.O.L. here is 3 years.Now I'm paying $2k more than the original balance due to lawyer fees and court costsarrrgghhhh...Missy Link to comment Share on other sites More sharing options...
gypsie Posted March 21, 2007 Report Share Posted March 21, 2007 I wish I would have found this place before the credit card company lawyer sued me for balance on old cc with D.O.L.A in 6/2001. I am in Louisiana, I believe the "open account" S.O.L. here is 3 years.Now I'm paying $2k more than the original balance due to lawyer fees and court costsarrrgghhhh...MissyWe all here empathize.... I think most of us said "I wish I'd found this site before..." Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Report Share Posted March 21, 2007 oh hon I hear you.. I made a $26,000. (yes thats 26 THOUSAND) dollar mistake before i found this site that I am STILL paying for.... but I look at this way... how many has this site prevented?? Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted March 21, 2007 Report Share Posted March 21, 2007 Whatever you do, don't move to Ohio... Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Report Share Posted March 21, 2007 I am an ohio native.. grew up there but have lived in NC for 15 years.. my entire family is still there... my sister has great credit called me yesterday .. she paid late on a card and TWO of her cards raised her interest from 9% to 30%.. she called, raised cain and they did bring them back down since it was the first time (they told her it was a computer thing)i told her yesterday that ohio had some of the worst consumer laws i have ever seen.. another reason besides cold lake winds and pot holes to move out of there Link to comment Share on other sites More sharing options...
shan2themax Posted March 21, 2007 Report Share Posted March 21, 2007 Whatever you do, don't move to Ohio...I agree!!! Maybe I should move????? (lol) Link to comment Share on other sites More sharing options...
IHateCAs Posted March 21, 2007 Report Share Posted March 21, 2007 Unless it's a suit relating to real property, proper venue is where you reside. Link to comment Share on other sites More sharing options...
NeedRelief Posted March 21, 2007 Report Share Posted March 21, 2007 What is the SOL in Illinois for credit card debt? Is it 5 years? Link to comment Share on other sites More sharing options...
chilton1 Posted March 21, 2007 Report Share Posted March 21, 2007 What is the SOL in Illinois for credit card debt? Is it 5 years?yes Link to comment Share on other sites More sharing options...
NeedRelief Posted March 21, 2007 Report Share Posted March 21, 2007 yesOk, thanks. Link to comment Share on other sites More sharing options...
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