Which SOL applies when you are using that as a defense. No one can seem to answer that appropriately or with absolute answer. Scenario: You get a credit card in state A. You lose your job and don't pay on it for several years and then you move to state B. Collector finds you and tries to sue. Does the SOL of where you singed the contract apply or the new state you live in. AND to throw another wrench in the basket, most cardmember agreements state "This agreement is bound and governed by the_State_where_the_bank is law Deleware for example). So does THEIR homestate of Deleware SOL apply in this case ? Whose SOL applies? It's so confusing.
You can be sued EITHER in the State you originally signed up for the card. OR in the State of your current residence. The State of location of he cc company is only binding on THEM for things like laws on interest rates etc. If you are sued in your ORIGINAL State, you still have to be legally served in your present State. The SOL of the State you are being sued in applies.
Whychat much respect here but can you cite your sources/laws for this? It will be great for future use.
it actually matters what the law says in the state where you signed the contract... if you read you card member aggreement it will state what the conficit resolutions process is... usually if you move you have to be sued in the state where you are now living but the laws of where you signed the contract apply.... kev
