softwareguy Posted March 21, 2012 Report Share Posted March 21, 2012 From everything that I have red, the applicable state's SOL is the consumer's not the OC'S. Can someone confirm or deny this? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 21, 2012 Report Share Posted March 21, 2012 A lot of factors go into what SOL applies when there is possibly a question. Sometimes, two SOL's can apply. Sometimes there is a choice of law provision inside a card member agreement. Link to comment Share on other sites More sharing options...
kutuzov Posted March 21, 2012 Report Share Posted March 21, 2012 It depends, if the contract got a choice of law, some states will go by the governing law in the contract, others by their SOL, and some by the law it was most important during the contract, so there's no real answer or maybe there are at least 50 answers and a bit more depending.The biggy is how your states sees the SOL of another state if is procedural or substantial. If is substantial the foreign SOL applies, if is procedural local SOL applies.What cc is suing you? and state is California? Link to comment Share on other sites More sharing options...
softwareguy Posted March 21, 2012 Author Report Share Posted March 21, 2012 It depends, if the contract got a choice of law, some states will go by the governing law in the contract, others by their SOL, and some by the law it was most important during the contract, so there's no real answer or maybe there are at least 50 answers and a bit more depending.The biggy is how your states sees the SOL of another state if is procedural or substantial. If is substantial the foreign SOL applies, if is procedural local SOL applies.What cc is suing you? and state is California?Crap1. My state is California. Link to comment Share on other sites More sharing options...
debtorshusband Posted March 21, 2012 Report Share Posted March 21, 2012 As always, there's a chance I could be wrong, but I'm reasonably confident that the California SOL will apply to you. 4 years for just about everything except an oral contract, which is 2 years.Regards,DH Link to comment Share on other sites More sharing options...
kutuzov Posted March 21, 2012 Report Share Posted March 21, 2012 For crap1 check what contract you got, because they at some point (not sure when, changed the card holder agreement. Before was that Virginia laws where the governing law, new contracts are that whatever SOL is longer aplies. The 2008 contract did not have the longer SOL. Anyway as an adhesion contract you might be able to dodge this, but that will require a serious knowledge of law that I don't have. Check if in your agreement states this:The Law that Applies to Your Agreement.We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement will be interpreted using Virginia law. Federal law will be used when it applies.You waive any applicable statute of limitations as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Virginia or the jurisdiction where you live. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect. Link to comment Share on other sites More sharing options...
legaleagle Posted March 21, 2012 Report Share Posted March 21, 2012 It is arguable. See my posts. Everything in the cardholder agreement insists on the creditor's home state's laws. When they are too stupid to file in time, they try to use yours. Make them explain why. While they are at it, if they would like to disavow their home state laws, they might want to disavow those nasty unlimited interest rate laws, which is the reason they moved there in the first place. Betcha they won't like that one. Link to comment Share on other sites More sharing options...
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