taiwan1 Posted November 4, 2012 Report Share Posted November 4, 2012 Been reading lots of people post.. my questions are the state of limitation how does this apply , example my state is pa , sol is 4 years. and some post discuses chase credit card , because it is in DE that is 3 years for sol..but citi credit card is 6 years ??? how does all this apply ?? thanks Link to comment Share on other sites More sharing options...
kutuzov Posted November 4, 2012 Report Share Posted November 4, 2012 The SOL of your state will normally apply if the other state got a longer SOL. Now if the choice of law is Delaware, Virginia or another stae with a shorter SOL, it depends on how your state sees the SOL. If they see it as procedual, it does not apply, and your state SOL will be the one that will apply, if they see it as substantive then the other state shorter SOL applies, in some states they even got a balance where the state with the most interest will apply, so you got to show to the court that Delware got more interest during the contract than your state. Those are the basic dynamics of what SOL applies. Link to comment Share on other sites More sharing options...
BV80 Posted November 4, 2012 Report Share Posted November 4, 2012 Been reading lots of people post.. my questions are the state of limitation how does this apply , example my state is pa , sol is 4 years. and some post discuses chase credit card , because it is in DE that is 3 years for sol..but citi credit card is 6 years ??? how does all this apply ?? thanksCitibank, if I'm not mistaken, is out of South Dakota. The SOL in that state is 6 years.What you're referring to is choice of law. There is a governing law statement in a cc agreement. In Chase's agreement, it's stated that DE law governs the agreement. If one is sued by a cc company whose agreement is governed by a state with a shorter SOL, the defendant can sometimes claim the SOL of the governing state. However, not every state allows this.Some states have a borrowing statute or a statute that specifically refers to choice of law. They usually state if a cause of action occurs in another state with a shorter SOL, but the Plaintiff files in your state, then the shorter SOL of the other state applies.This also depends on your courts. Even if your state has such a borrowing statute, it could also depend upon where your courts believe the cause of action occurred. In a cc case, the cause of action is usually based upon a default. Some courts have case law based on that very thing. Some have ruled that a default occurs in the creditor's state and, therefore, the SOL of the creditor's state would apply.Others have ruled that the default occurred in the consumer's state and that state's SOL will apply.Then, some states don't allow for the SOL of another state based upon governing law. Link to comment Share on other sites More sharing options...
DisabledNotStupid Posted November 4, 2012 Report Share Posted November 4, 2012 (edited) The Judgement, I am petitioning to vacate, is presented by Suttell & Hammer, counsel for Capital Bank (USA) N.A. in Washington State. According to the SOL information in the State of Washington the maximum interest rate is 9%. In the Judgement Summary S&H asked for and was granted 12% is this a violation of FDCPA? Edited November 4, 2012 by DisabledNotStupid Misspelling Link to comment Share on other sites More sharing options...
almou1966 Posted November 4, 2012 Report Share Posted November 4, 2012 It should be from the last time you made a payment up to the number of years that upplies to the state of residency.like in calif, if my last payment was in 1st january 2008; on 1st january 2012 it already passed.you can google it to bouble check.good luck Link to comment Share on other sites More sharing options...
Recommended Posts