In September 2005, I moved from NY to CA. My Capital One credit card account went delinquent in December 2005 and charged off by Capital One. Which state's SOL applies? If anyone has any information, I would greatly appreciate it. Capital One's reporting to the CRAs is killing my credit score - I would really like to be prepared to fight them. Thank you.
The SOL for reporting isn't the same SOL for filing a lawsuit. So even if the 6 year NY applies and not the 4 year CA, what can you do about the 7 year SOL for reporting? (All numbers above are plucked unceremoniously from Dumb Bob's notoriously poor memory, so verify them if it matters)
Cap One usually has a "choice of law" provision which says the the laws of Virginia apply, not the state where you lived. Virginia SOL is three years. But as Not-so-Dumb Bob says, that has nothing to do with the seven years that they can report by law.
