can someone tell me if you sign a c.c. appt. written in there is says virginia and federal laws apply does this mean the laws where you live and signed for this c.c. are non-valid as far as the sol. i live in wash. state am being sued for c.c. debt . i used the timed barred defense as last pay was 6/97 charged off 2/98. the lawyers came back and said no way the virginia laws apply and they are 5 years. since we filed the suit 12/01 you cant use that defense. please help thank you
Sorry I am having a little trouble understanding. Did you live in Va when the debt occurred and now you reside in Wash state?? I have read it several times, and they can sue you and use the SOL in either the state you live in or the state in which it occurred, they use the state with the longer SOL.
I'm not sure I understand you either. But, let me make a comment anyway. The SOL means they have to sue you within the time limit - in other words, the suit has to be filed. It does not matter if they did not serve you within the SOL or that the case did not get to trial within the SOL time. It only means the suit has to be filed within the SOL. If this is not responsive to your question, please ignore. I'm just proof positive that you don't have to know anything to be able to comment on an issue.
i am sorry i will try to be more clear just alittle upset about this. i want to know which laws really applies. the application from the credit card states virginia and federal laws apply. or would it be the laws from the state i live in. i have always lived in wash. state signed the preapproved app. here also. the lawyer for the ca sent papers stating that the time barred defense is not valid as virginia is the state that the sol will apply (5yrs) not the wash. state sol (3yrs.). i thought the sol was 3. sent my reponse to the summons & complanit back with defense is time barred as the sol has past. now i get this from the lawyer. so if anyone knows which laws are the correct ones could you help me thank you
If the application you signed has in the terms that Virginia has jurisdiction, then that's what you have to go by. From everything I've read on SOL, the CC company can choose between the state the application was signed in, the state where the debtor currently lives, or whatever the terms of the credit card state if it gets into jurisdiction. I wish the news was better L
so then even though they are suing in wash. state we go by virginia laws? that stinks!!!! i would think they would have to follow the laws that apply to the state they were suing in.
Whoa...I didn't read that part. They are filing in Federal Court, right? I just don't know the answer to this...sorry. L
Now that is strange. If they filed in district court, then it would have to be based on state law. I may be wrong about this...but in order for the district court to have jurisdiction, I think the lawsuit would have to be based on state law. I don't see how Virginia law could possibly apply in a lawsuit filed in Washington. I could be way off base here, but I've never heard of this. On the complaint, does it establish jurisdiction? What is the basis of venue they stated if they did? L
i have gone over the complaint and can not find a thing that says anything about jurisdiction. i filed my answer to the complaint with the time barred defense. we got a court date for 6/17. now today i get a summary of judgement with a court date of 5/20. this i dont understand. i cant figure out what they are doing here. unless they are trying to intimidate me because i am handling this on my own. dont know but i will fight them with everything i can. either way i will be in court on both days they will not scare me off.
Clutterbug, this site may help http://www.nwjustice.org/law_center/consumer.html It has alot of links and information hope it helps. Also check: http://www.mrsc.org/legal/legal.htm http://www.wstla.org/links.asp#4 http://www.waaccesstojustice.org/legasst[/url] hope I did the links right and they work. Tuit
Clutterbug, I'd suggest you see a lawyer. A motion for summary judgement means the lawyer is telling the judge that we don't need a trial. We have all the evidence needed for you to rule in our favor. If they prevail in May, there won't be a trial in June. You are about the 4th person to post in the past few weeks that the SOL defense is running into trouble. I wonder if trial lawyers are using some sort of new tactic to pierce this defense? I mean, the state legislature set the limits on the SOL. It seems as if it applies or it doesn't. You ought to be able to look at the calendar to find out. I agree with a previous poster. If the suit is in state court, laws in that state ought to appl
