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I'm not sure if the statute of limitations has passed...


GrayOllie
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I received collection notices on two credit card accounts that were last paid in February 2010.  The first account is with Discover.  The second card is a JC Penney Mastercard.

 

The JC Penney Mastercard is currently issued by GE Capital Retail Bank.  I don't know if GE issued my card when I opened the account several years ago. 

 

What is the best way for me to find out which state's laws govern the credit card agreements?  I thought of sending a written dispute to the collection agencies and requesting a copy of the agreements.   Also, to verify the date of the last payment, should I request a payment history statement?

 

The information I was able to find online says Discover agreements are governed by Delaware law (3 year statute of limitations) and GE Capital Retail Bank is governed by Utah law (4 year statute of limitations).

 

Thanks in advance for your help.

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SOL is governed by the state in which you currently live...which in SD is 6 years...unless your state also has a "borrowing" statue which allows the court to apply another state's law.

 

There have been some court cases where the defendant successfully argued that the language in the agreement overrides what I just said...but I don't know if that applies to SD.

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