Danielle2015VPJ

Summons to court by Jefferson Capital LLC - SOL - Governing State

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Hi,

I am being sued by Jefferson Capital for an Old debt originating from Fingerhut Direct Marketing. An adult in my home was served with the summons. They just told me about the summons and the deadline to file an appearance is tomorrow 10/30. My question is about SOL. I can't find my agreement but all the agreements I have seen issued by Fingerhut states that there State Law of Utah is the law that prevails. My understanding is that the time to collect on this type of debt is 4 years for the state of Utah and 5 years for my state of Illinois. If we go by the state that's governing in the contract 4 years would have pasted since I had any dealings with the original creditor. My question is, if I do find the old Agreement and discover that the Governing State is Utah, which state law prevails? The one in the agreement or the state in which I currently reside? Also does SOL start from the time of the last defaulted payment or from when something was last purchased? And is my understanding of the Governing State correct?

Thanks

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@Danielle2015VPJ

 

Here's the IL statute:

 

(735 ILCS 5/13-210) (from Ch. 110, par. 13-210)
    Sec. 13-210. Foreign limitation. When a cause of action has arisen in a state or territory out of this State, or in a foreign country, and, by the laws thereof, an action thereon cannot be maintained by reason of the lapse of time, an action thereon shall not be maintained in this State.
(Source: P.A. 83-707.)

 

If your court allows for discovery, you could request a copy of the Fingerhut agreement.  Also, in the interrogatories, you could request that they state the name of the governing state in the Fingerhut agreement.

 

In any case, note that the IL statute says that the cause of action (default) must have occurred in the governing state.  You would have to show that the alleged default occurred in UT.   

 

It would help us if you'd copy and answer the questions in the following link:

 

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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