really quick question ... if the original creditor is in California, the CA trying to collect is in New York, and I reside in Virginia - which state's laws do I follow for the SOL? the DOL for the alleged debt was March 2000. thanks
iF THE ca BOUGHT THE DEBT FROM THE oc THEN California WOULDN'T HAVE ANYTHING TO DO WITH THE SOL would it?
1. IF the original contract says "this contract shall be interpreted under the laws of the State of Fredonia (or any other State)" then the SOL of Fredonia (or the state mentioned) prevails. 2, If the above statement is not in the original contract, then the laws of your Resident State NOW apply. The reason is the creditor would have to sue you in the courts of Virginia, and absent any instructions (like the wording of the contract) to use another state's laws, the Virginia courts will use Virginia laws.