Providian - Choice of Law Provision, Enigma please read

I recently made a post regarding a lawsuit filed against me from Providian. Enigma - you asked me the question of what was the State under the Provision in the cardholder agreement. I read the copy of the cardholder agreement as best I could attached to the Complaint and it looked to me as if New Hampshire was that state.

Is there a way for me to find out from Providian directly or anyone on this site as to if this is true or now? If anyone has their Providian Visa cardholder agreement to confirm this? This is very important in my case seeing as my last payment date was Sept 2004. New Hampshire law the SOL looks to be 3 years for credit cards. I live in Florida and the SOL is 4 years for credit cards.

Do I understand this Choice of Provision correctly in that if I can figure out if Providian is New Hampshire than my case should be able to be dismissed??

Please help - thank you.

 

OK - I think I may have figured this out. In reading the verbage of the cardholder agreement that Providian attached to my Complaint it states under Applicable Law:

"No matter where you live, this Agreement and your Account are governed by federal law and by New Hampshire law."

As previsouly stated my last payment was made on September 2004. The Statute of Limitations in New Hampshire is 3 years on credit accounts. Am I understanding this correctly in that I can have this matter dismissed??

If that is the case, how do I go about an Answer - do I answer with a Motion to Dismiss and what would the grounds be on?

Thanks!!!

 

The Complaint was filed on 12/17/07 and I was served on 1/10/08.
I have just pulled up SOL by states on several websites and I keep coming across the same list. New Hamphshire SOL is 3 years for both open accounts and written agreements. Do you know a specific website that I could get the exact Statute?

 

No, I have not filed an Answer as of yet. It is due 1/30. I have been doing extensive research on this site and I believe I am going to attempt to draft a Motion to Dismiss based on the SOL. I cannot seem to find a form Motion to Dismiss on here anywhere - do you know if there is one that I am missing?

Thanks again for your help - it is much appreciated.

 

Yes, Florida, Palm Beach County.