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DC_1985

Borrowing Statute Question

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If I was a resident of CA when I stopped paying on a credit card, then moved to Utah, does Utah's borrowing statute apply (see below)?  Not sure how it works.  Majority of purchases on the card were outside of Utah, if that matters.

Calvary bought the debt and told me on the phone about 5 months ago the sol expires in December (this month)  Haven't heard from them since.  They aren't going by 4 years for sure.   I'm not sure how long it's been since my last payment.  It's been longer than 4 years, but fairly certain it hasn't been 6.

I'm currently paying a company to do my credit repair and they are saying that the sol is 6 years, but when I mentioned the borrowing statute, they didn't seem interested in the possibility, which I thought was odd.

More confusion, I've found debt lawyers in Utah state on their website that credit card debt  sol is 4 years in Utah, while others say it is their opinion that it's 6 years.    Digging myself, I found that the Utah courts haven't specifically ruled if they consider a credit card a written contract or an open account.  Open account in Utah sol is 4 years and written contracts are 6 years.   The courts may have ruled since the posts I found, but the argument that it's an open account seem plausible.  Of course, I'm biased :)

Utah’s “borrowing statute,” U.C.A. § 78B-2-103.   According to the borrowing statute any “cause of action which arises in another jurisdiction” and is barred by that state’s statute of limitations is also barred in Utah.7   As previously discussed, in breach of contract actions the cause of action “arises” when and where the default occurred.

 

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