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Anyone successfully use the Delaware Choice of Law Provision in California

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Was wondering if anyone has suceesfully used the Delaware Choice of Law provision to invoke the 3 year SOL as opposed to the California 4 years SOL. I have an alleged debt and it is about 8 months out of the 4 year SOL. I am expecting the CA to file suit any day now and have been reading up on possible strategies. 

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As I am expecting the CA to file suit before the 4 year Calif. SOL passes would it be wise to contact them and state that this alleged debt is time barred from collection based on the Delaware SOL?


 

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Need some advice on using the Delaware Choice of Law Provision . I have an alleged debt that has been purchased by a JDB. Because of the size of the alleged balance and that the 4 year SOL is just under a year away I am expecting the JDB to file suit at any time. Would it be a good strategy to contact the JDB by writing a certified letter stating that based on the Delaware Choice of Law Provision and Delaware's 3 year collections SOL that this alleged debt would be past the SOL and therefore filing a suit would violate my FDCPA rights. Thoughts?

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As I am expecting the CA to file suit before the 4 year Calif. SOL passes would it be wise to contact them and state that this alleged debt is time barred from collection based on the Delaware SOL?

 

 

As stated above in Resurgence Financial, LLC v. Chambers, 173 Cal. App. 4th Supp. 1 (2009), Delaware's statute of limitations should apply. 

 

You can contact the other side if you want, but why? They already know, or should know, that Delaware's statute applies. It either matters to them or it doesn't. 

 

If the debt collector makes the mistake of suing you, you'll find no shortage of California consumer law attorneys willing to take your case.

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also you can really look into some of the other cool things about deleware law such as witness related statutes and such. with a DE choice of law you can make that annoying CCP98 go away.

 

Just saying SOL is just one thing so look at the entire DE RCP's you may find something else.

 

As a side note if you complain to the correct Delaware government agency couldn't you get a JDB's LLC suspended when they violate contracts based on DE law. Can we look into this and see if we can go all terminal on JDB's a Suspended LLC cannot conduct business.

 

That would be an all out assualt on their very being.

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