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credit cards does the sol go by the state company is in or your state


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Maybe someone can answer this. I got. Today a copy of proof of service on a judgement cap 1 got on me in a state I don't live in,nor had I at the time of judgement. I read the cc agreement which was a copy of the agreement no signature nothing. It says the contract goes by virgina law or something of the sort. So isn't virgina sol 3 or 4 years". Do the cc sol apply in the state of the company? Sorry just trying to educate myself thanks

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It depends on the state you live in most states will accept the SOL of the choice of law. Virginia is 3 years SOL. Google rules Choice of Forum and your state and read the rules it will give you a good idea. Then there should be some case laws about the matter those you got to find them or ask BV80 he is an expert on finding case laws.

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If there is a Choice of Law provision or clause in a contract, then yes that law applies. I thought VA was 5 years but could be off. VA is also one of the WORST places for a debtor to sign a choice of law contract with. Their laws for service of out of state people is pretty stupid imo. Look it up, but it's basically they only have to mail something to the last sddress of your they knew was good. They sign an affidavit saying they don't know where you are and the court says OK send it to the old addy...boom served. Areshats (happened to me). This applies even when they KNOW you know longer live there, and they have your forwarding address but hey..they filed in court right? So they HAVE to be telling the truth.

Now the good news...where was the judgment filed? Where wer you living when you got the card? Wherea re you now?

No matter of the choice of law provision or clause all suits MUST be filed in the county of your residence or the county in which the agreement was entered into. You may have them on a wrong jursidiction/venue and have it vacated. Choice of Law has nothing to do with Venue or Jursidiction. The court must have jursidiction over you and the case, and the venue must have fit those as well.

Edited by rambler
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I was living in Ga for 2 years when they got the judgement. I was never served they taped it to the door and that was proof. This was MI. I tried to settle with the Firm which is trying to get a uniform judgement here in GA. Debt was around 300 called them to make a settlement. They told me Almost 2500 to settle. They said intrest on top of the 1300 and change they got the judgement for. I argued I was never served tape recorded all convos. Have them on tape saying I signed the proof of service. Also got them on tape saying cap 1 would settle for 1200 but wanted my bank statements for last 3 months told them nope I topped at 1000 to settle. I got a lawyer mi said they no longer have jurisdicitoion since they filed in GA I got an attorney who is trying to settle with them. But. I'm about to file a motion to dismiss with prejudice ( I think that's the one they can't come and sue you again) because I was not a resident of the state they got me in. So I think if ga throws it out I can settle for a better amount. also the firm according to my att agrees I wasn't served properly and they were filing a motion to dismiss. Atty was trying to get ahold of them again today before filing anything. But hadn't heard back from them. Also the process server who signed affadavits signed the date as 2003 not 2008 so I honestly wuestion his service at all

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Yes they filed for a motion to enforce the judgement here uniform forgein judgement I think its called. Another questions let's say GA dismisses this where they can't sue me again what happens next? Should I still try to settle or does the sol restart or go from the start of non payment?

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Ahh well domesticating is not the same as a new case. If they fail, they still have the other judgment. I'd be looking for violations, easier to force a settlement in your favor. Other than that I'm not sure...hopefully others chime in with better advice.

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Ahh well domesticating is not the same as a new case. If they fail, they still have the other judgment. I'd be looking for violations, easier to force a settlement in your favor. Other than that I'm not sure...hopefully others chime in with better advice.
. I'm hoping if they fail in domesticating the judgement it forces the snakes who got the original judgement. Wrongfully by their wrong doing I can force them into a better deal. And filing a dismissal as its quite far and such a small amount to try to fight them. But I am sure they have some violations against them for sure
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