blackomega Posted March 22, 2012 Report Share Posted March 22, 2012 I have been lurking here for quite a while and I believe I will be going up against BOA soon. I defaulted in 2008 and for whatever reason the account is still owned by BOA. BOA confirmed they still own it but refer me to the collection agency for any info. In the mean time I have done quite a bit of searching on the web and I believe my best bet will be to use the choice of law provision, there are plenty of cases in FL where choice of law prevails quoting quite a bit of caselaw. Now I have been successful finding the card agreement from 2006 where it states Delaware choice of law (3yr SOL) but does anyone have or know where to find the card agreement from 2008? I have searched but cannot find one anywhere. Any help or any advice on using the choice of law to invoke the shorter Delaware SOL would be appreciated. Thanks! Link to comment Share on other sites More sharing options...
legaleagle Posted March 22, 2012 Report Share Posted March 22, 2012 Probably the same, SOL is state law, BofA can't change the law. They're stuck with 3 years. You'll have to document the date of delinquency, they rarely miss the SOL. They may have plans to use yours if it is longer, which you should argue. Link to comment Share on other sites More sharing options...
kutuzov Posted March 22, 2012 Report Share Posted March 22, 2012 BoA is Delaware, and if you are in florida, as it seems, Florida DOES see the statute of limitations of a foreign state as a substantive matter for dissmisal. What that means, if there's a choice of law, and you got one in BoA, then the Statute of limitation of that state applies.If you defaulted in 2008 is SoL, as per Delaware. Read my Help with Discover Bank thread, it includes case lawas and everything you might need to fight them back, for Florida.Now if they ever sue you, you don't need to file an answer right off the bat you can file a motion to dissmis. Go to the pre trial conference (even if you file a motion to dissmis you need to go), and explain your point to the judge. It will probably get dissmised there, if not, the judge will do a hearing on the motion, and it should get dissmised then. Link to comment Share on other sites More sharing options...
BV80 Posted March 22, 2012 Report Share Posted March 22, 2012 Florida does appear to have a choice of law provision. Use applicable case law. Link to comment Share on other sites More sharing options...
DonqIII Posted March 22, 2012 Report Share Posted March 22, 2012 I have been lurking here for quite a while and I believe I will be going up against BOA soon. I defaulted in 2008 and for whatever reason the account is still owned by BOA. BOA confirmed they still own it but refer me to the collection agency for any info. In the mean time I have done quite a bit of searching on the web and I believe my best bet will be to use the choice of law provision, there are plenty of cases in FL where choice of law prevails quoting quite a bit of caselaw. Now I have been successful finding the card agreement from 2006 where it states Delaware choice of law (3yr SOL) but does anyone have or know where to find the card agreement from 2008? I have searched but cannot find one anywhere. Any help or any advice on using the choice of law to invoke the shorter Delaware SOL would be appreciated. Thanks!Sent you a PM...I have 2008. Link to comment Share on other sites More sharing options...
blackomega Posted March 23, 2012 Author Report Share Posted March 23, 2012 email sent! Link to comment Share on other sites More sharing options...
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