Manaconda03

Which state does the Statute of Limitations apply to

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I'm curious which state the Statute of Limitations applies to.

Reason I ask, is I opened an account in North Carolina, (Statute of limitations 3 years), I receive mail in Idaho (Statute of limitations 4 years) due to moving around alot due to being a Govt Contractor, and I currently reside in Arizona (Statute of Limitations 3 years) where I have been here for about a year now.

I've read that a collection agency has the ability to choose which state they want to "Abide" by, regarding whichever state has the highest SOL, either the state you are a resident of, or the state where the account was opened.

I need to know pretty much if they "Could" use Idaho because of the longer SOL.

Also, the last payment I made was June of 2006, so does that mean the Statute of Limitations starts that first month that I didn't make a payment, being July of 2006?

Any help would be great,

Thank you.

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They would probably sue in the state where you have your mailing address, assuming that is your "official" residence. You may be able to claim that your "official" residence is the one you use for income tax purposes...which I would assume is NOT Idaho.

Bottom line...hard to tell. If they sue in the wrong state, then they'd have to "domesticate" the judgement to the right state before they could take any money. You'll probably need a lawyer to sort all that out.

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Oh, and as to when the SOL starts....that's a state by state thing, so again, hard to tell. In most states, its from the date of last payment...but...

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I'm curious which state the Statute of Limitations applies to.

Reason I ask, is I opened an account in North Carolina, (Statute of limitations 3 years), I receive mail in Idaho (Statute of limitations 4 years) due to moving around alot due to being a Govt Contractor, and I currently reside in Arizona (Statute of Limitations 3 years) where I have been here for about a year now.

I've read that a collection agency has the ability to choose which state they want to "Abide" by, regarding whichever state has the highest SOL, either the state you are a resident of, or the state where the account was opened.

I need to know pretty much if they "Could" use Idaho because of the longer SOL.

Also, the last payment I made was June of 2006, so does that mean the Statute of Limitations starts that first month that I didn't make a payment, being July of 2006?

Any help would be great,

Thank you.

There are 51 different states SOL.

It will only come into play if you ever get sued and have to raise it as a defence. So the answer is the law of the state you are sued in will provide guidelines at that time, unless it the SOL is federally mandated.

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WOW you guys are quick!

Thank you BTW

So far they've sent me a letter stating I owe $4100.00, I sent them a Validation request letter, and received nothing more then monthly statements with the original creditor, along with a cover letter. The paperwork they sent me, only shows that my balance was like $3,000.00. The amount of the balance as of the last time I made a payment back in june of 2006, was $2,600.00. I sent them another Validation request, stating that I would like information regarding:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

But after reading the FDCPA i noticed it only detailed they are required to give only the original creditor and amount owed or something like that. Now this information that I asked for, do they have to provide that, or no? I'm guessing no, however I think its beneficial that they provide that pertinent information. Am I wrong in assuming this?

Also, one last question, if the collection agency decides to sue, and sends a summons to the Idaho address (which is parents house) and obviously being that I don't live there, do they have to revoke the summons or whatever and re-serve me down here, meaning that now instead of going to court in Idaho, I would be required to go to court in Arizona?

Guess I found so much information online (which is a godsend with the amount of info out there) but can also be overwhelming because there's so many different posts.

Anyways, thank you for any replies, I appreciate it.

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you must be served and sued in your state of residence,

you have the heads up. get your court rules and study them now.

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