My~Cuz~n~Vinny~

Statute of limitation?

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If the original creditor is based in a State which has a three-year statute of limitations for credit card debts,

 

Does Connecticut law say that the other States three-year statute of limitations must apply?

 

  So since The Original Creditor waited more than three years to sue on the alleged credit card debt, the statute of limitations has expired, and the court must dismiss the case.

 

 

I can't seem to find the exact wording in CT. Law

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Its a long shot to win this argument in most states. If it were that easy 75%+ of all cases would be dismissed when challenged. In addition to looking for case law you will also need to find if this falls under procedural or substantive law in CT.

 

In my opinion I wouldn't spend a lot of time on this. You need to concentrate more on what it takes to win by studying your state laws and legal procedures. You might also want to read over the FDCPA and your state's debt collection laws. 

 

http://www.nolo.com/legal-encyclopedia/connecticut-fair-debt-collection-laws.html

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Thanks for the link there bassplayr ! Yes that did help a lot in understanding the Delaware agreement.StardusterToo did an outstanding job against Midland.  I think that would apply even if the OC had hired Midland directly as well. I could not tell if Midland, in this case, was a JDB or working directly for the creditor.But the essence of the acrument and purchase

 

(Delaware Code Title 10, Chapter 81, § 8106). The last purchase was made on LAST_PURCHASE_DATE and the last payment was made to the account on LAST_PAYMENT_DATE. The Delaware statute of limitations starts to run from the date of the last purchase.)

......makes sense

 

 

 

@ ArtVandelay

Thank you for the links as well!

 

Connecticut Creditor's Collection Practices Act (“CCPA”), General Statutes § 36a–645 to 36a-648 (covering creditors), was especially helpful Accord and satisfaction is my defense. I closed the account personally and paid the 5 years ago.But why do that if the SOL is an automatic gimmee!

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@My~Cuz~n~Vinny~

 

The SOL of the governing state of the agreement is not a given.  Your state must have a statute that says if the cause of action arises in another state and is barred in that state, then that state's SOL applies if it's.  If you don't have such a statute, then you need to look up the your courts' rulings on the Restatement (Second) of Conflict of Laws which says that the SOL of the state with the most significant relationship to the parties and outcome will apply.

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