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Sol ?

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Aloha All,

I have a question about SOL's?

I have been told that since I was living in WA and "signed" my contracts for past CC in WA that the WA SOL applies. However I have also heard that since I am now living in HI that the HI SOL applies.

Anyone have thoughts, experience, etc....


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The FDCPA says this, however, they must sue you in your current locale (something called proper venue):

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

in which such consumer resides at the commencement of the action.



Edited by kevin3344
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where you live is what applies.. lets think about this.. if where you signed it was the case a judge would have to know every state law and SOL in the land,... you are bound by where they sue you,.. which is where you live,, THAT is the SOL that applies...

For example if I went to NY for the weekend and got an instant credit card from Macy's and shopped Macy's NY.. and default do you honestly think that they are going to sue me where I live and apply NY law.. not likely

If where you signed it was the case then tolling wouldnt even exist.

CAN they sue you in WA.. I guess.. but my NACA guy and I had this discussion.. he says he has never seen it. but your SOL of where you live applies

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I understand what you are saying Carolina, but isn't the contract a legally binding doc and with my experience with contracts they are bound by whatever law in whichever state they were signed. Maybe I dont know enough about it all.....

And that is where I still get confused. If the contract is challanged in another state, why would they not bound by the law of the state where it was signed. I understand that not every judge is going to have the SOL and such for every state.

I lived in WA for many years, and just recently moved to HI, WA SOL is only 3 years for open end, whereas HI is 6 yrs, The 3 years is almost up, I just cringe at the thought of waiting another 3 years.....


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It is never enforced that way for CC debts because they are "national" banks. Heck, most subprime cards say that DE law applies if you sign the agreement.....YET, DE has a 4 yr SOL on open-ended accounts and 3 yr on the rest.....

What a deal that would be!

BTW, if it is a CA who told you that WA SOL applies, just say, yippie since open-ended accts SOL is 3 yr in WA and 6 in HI.

Like you have been told by others, HI law applies.

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