I live in Oregon, but in '03 was a resident of CA. Back in '03, my daughter who was under age opened an account and didn't pay. The credit company then had me sign papers saying I was responsible for the debt. My daughter was to continue paying the account. Today I got served with papers from a lawyer here in OR taking ME to court for payment on this. In CA the SOL's are expired...but here in OR they have another 2 years to go. Since the papers were signed in CA, do we go by those SOL's? Or do we go by Oregon's SOL's?
Hi DezAnn, You may have a problem here. The state statute can be either where the debtor lives or where the contract was entered into. The creditor does have the right to choose the state with the longer statute but the creditors or collectors location is moot. This is covered in Section 811 of the FDCPA and in Consumer Credit Protection Sec. 1692i. Here is the rule; CONSUMER CREDIT PROTECTION Sec. 1692i. --2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity - (A) in which such consumer signed the contract sued upon; OR (B) in which such consumer resides at the commencement of the action NOTE: Actions involving Real Property securing your obligation --the venue is different. The rule is: Any debt collector who brings any legal action on a debt against any consumer shall - (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located. If it were me, I'd try to work out a settlement and drag you daughter along. Somehow she needs to be made aware that her actions or lack thereof are causing you harm. You reall need to have an up close and personal conversation with her. Lastly, you might want to seek out a consumer law attorney for help. I hope that this helps. A
The SOL will almost always go by where the debtor is currently living, as thats where the suit would be filed, in my personal experience. Since you are residing in OR currently they should file suit there and the OR SOL will apply.
