shadow99 Posted January 24, 2022 Report Share Posted January 24, 2022 If you have a "choice of law" clause in a contract that chooses a state other than your state of residence, which statute of limitations applies? I live in VA, but choice of law on some of mine are Utah, some Nevada, probably somewhere else if I checked them all. I have read that SOL depends on whether the law is considered substantive or procedural - I have read the definitions of those terms many times, and it's still not clear to me how to tell in all cases where a law falls. I think I understand this part: If the SOL is determined by your state to be substantive, the choice of law state applies. If the SOL is procedural, the your state of law applies. For the choice of law state to apply to procedural law, it must be specifically stated in the choice of law clause, which no one seems to do. Substantive law is the default for the choice of law clauses if nothing else is stated. Virginia seems to say that SOL for debt is procedural, so Virginia's SOL's apply. Virginia has a loophole that also says if the choice of law state has a lower SOL, it will be used instead of the Virginia SOL. Florida, on the other hand, has passed a law that says debt SOL is substantive, so when Capital One sues someone in Florida, the Virginia statute would apply - since that's their choice of law state. To make it even more confusing, Virginia has a 3-year SOL on verbal or unsigned written contracts and a 5-year SOL on signed, written contracts, but there's some confusion on what makes a credit card agreement a signed, written contract. I'm guessing most JDB's won't be able to present more than a handful of statements (no signature) and a bill of sale, so maybe that part doesn't matter. But, any opinions on how Virginia would handle statute of limitations when the contract says "choice of law" is somewhere else like Utah? Has anyone successfully argued that Virginia's SOL on credit card debt is 3 years instead of 5? I'm trying to figure out when the SOL runs out with some JDB's who haven't sued me yet. Quote Link to comment Share on other sites More sharing options...
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