SOL Jurisdiction on Purchased Debt

[Dollfin]

Many similar topics have been discussed and have been instrumental in assisting me...But specifically---can a Third Party Purchaser of a Credit Card debt ask the court in one state to enforce the SOL from another State?

Situation:

1. Large Credit Card Company incorporated in another state with 6 yr SOL, sold off debt.

2. Civil Action filed against me in my resident state by Collection company which purchased the debt.

3. Had a hearing.

4. I Raised SOL, cited cases supporting 4yr SOL.

Can the Judge apply the SOL from the original Credit Card Company's State of 6 yrs or is it within his jurisdiction to only follow his state's SOL?

Any an all assistance will be greatly appreciated.

[flacorps]

Read this thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=254631

5 yr FL SOL on credit cards unless it's a store card (4 years).

If you're in a choice of law state, the court may apply the laws of the foreign jurisdiction if those laws have been chosen by a choice of law provision in the agreement.

If the state's courts view SOL as procedural though, the foreign SOL would not apply. If the state's courts are following the trend toward viewing SOL as substantive law, then the foreign SOL chosen in a choice of law provision would apply.

Since Florida Statutes permit Florida choice of law to be recognized in its courts, comity/reciprocity principles would suggest that our courts would recognize other states' laws in our courts if chosen in a contract (perhaps provided they have a choice of law statute on the books), however I have not checked the case law.

http://law.justia.com/florida/codes/TitleXXXIX/ch0685.html

Florida does however view SOL as substantive and will look to see which state has a greater nexus to the dispute in deciding which SOL to apply:

http://www.floridasupremecourt.org/decisions/pre2004/ops/87110r.pdf

The answer is: YMMV

[Dollfin]

Thank you for your assistance as well as the links you provided. I will have to spend sometime absorbing some of this information in order to fully understand how it applies in my case. But, so that I am clear. It is my understanding that you strongly believe in the state of FL the answer is yes the Judge can apply the SOL from the original Cardholder Agreement?

[nascar]

It is my understanding that you strongly believe in the state of FL the answer is yes the Judge can apply the SOL from the original Cardholder Agreement?

The litmus test in the handful of choice of law cases I have seen come out of Florida is the "most significant relationship test." The court will apply the law of the state that has the most significant relationship to the contract.

The Restatement (2d) of Conflict of Laws lists the factors to be considered in determining what law applies:

(a) the place of contracting,

( the place of negotiation of the contract,

© the place of performance,

(d) the location of the subject matter of the contract, and

(e) the domicil, residence, nationality, place of incorporation and place of business of the parties.

[Dollfin]

I conceptually understand what you are saying. How do you overlay those items onto a credit card, std cardholder agreement without my signature, purchases in a totally different state, original creditor in a different state, the case being brought in yet a different state where I resided, and the Collection company incorporated in yet another state. Who has the most significant relationship in this situation?