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statute of limitations and tolling


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Hi Everyone,

What a wonderful website, full of great people and extremely helpful info! I'm a newbie to all this and wondered if any of you good people could help me.

I opened a home depot card in the summer of 2008 in Texas. I moved to Canada in March of 2009 and kept making payments from Canada until Nov of 2010, when I lost my job. In March of 2011 I moved to North Carolina and have been here since then.

Last week I started receiving calls from who I think is a collection company and wondered if anyone could tell me how the statute of limitations and tolling works. I know it's 4 years in Tx but 3 years here in NX. I have no clue what statute comes into play here because I lived in Canada when I defaulted. Anyone have any idea?

Thanks so much and sorry for the length of the post, just wanted to get all the details out there.

mc1963

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If you are a resident of NC, then their statute would apply. However, I am unsure as to when the default date would have started because of your out of the country status. For sure it would start from the time you became a resident of NC.

If they were to file suit, they could try to claim citibanks headquarter state in so. Dakota which is 6 years.

Personally I would claim the nc sol, let them prove I was not there for 3 years prior to any suit filed.

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