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DISCOVER CARD CHOICE OF LAW


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Just pulled out an old Discover Card agreement.

It clearly states that this agreement will be governed by Federal Law and The Laws of the State of Delaware. it says nothing about governed by the state in which an applicant resides .The SOL in Delaware is 3 years, and this agreement I have is from 2006.

Your thoughts on the SOL ?...and what Federal law addresses this matter ?

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Just pulled out an old Discover Card agreement.

It clearly states that this agreement will be governed by Federal Law and The Laws of the State of Delaware. it says nothing about governed by the state in which an applicant resides .The SOL in Delaware is 3 years, and this agreement I have is from 2006.

Your thoughts on the SOL ?...and what Federal law addresses this matter ?

This is in regard to "choice of law". It can get a little confusing. It has something to do with substantive law vs. procedural law. For instance, if a state views the SOL as substantive law, the SOL of the governing state in the agreement could apply. If your state views the SOL as procedural law, your own SOL might apply.

You need to read case law in your state to see how your state views the statute of limitations when an agreement contains a choice of law provision and how the courts have ruled in such cases.

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  • 1 month later...

Is there any way you could forward me the 2006 credit card agreement from Discover. They are suing me and using a 2010 credit card agreement. I opened my account in 2006 but no longer have that credit card agreement. I am trying to find anyway to win.I'm broke and filed for disability. I just don't know how to fight right when its the original creditor.

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Is there any way you could forward me the 2006 credit card agreement from Discover. They are suing me and using a 2010 credit card agreement. I opened my account in 2006 but no longer have that credit card agreement. I am trying to find anyway to win.I'm broke and filed for disability. I just don't know how to fight right when its the original creditor.

If you defaulted in 2010, they will argue that the 2010 agreement applies. The reason being that cc agreements are amended from time to time. Therefore, the agreement in effect at the time of default would be the one that is applicable.

What are you looking for in the agreement?

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