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Statute of limitation question

Discussion in 'Credit Talk' started by sandra, Apr 7, 2001.

  1. Apr 7, 2001 #1
    sandra

    sandra Guest

    On a few websites that I have visited, it is unclear as to how long the statute of limitations is..
    for example, one site stated that the has the "choice" of using the statute of limitations on collecting debts for "their" state or they can "choose" the state in which the debtor resides.
    Can anyone clarify this?
    Does the statute of limitation apply to the state a debtor resides in at the time the debt originated? Or does the creditor have a "choice" which state to apply the statute of limitations?
    Any clarification would be greatly appreciated?
     
  3. Apr 7, 2001 #2
    Bigun

    Bigun Guest

    Re: Statute of limitation ques

    I've always heard that in the case of unsecured debt, the place in which the debtor resides is the venue.
    Your investigation is why you should never totally trust a website. It gave you a general idea but for a specfic "yes or no" answer, see a lawyer. My lawyer said the reason there is confusion is states have different interpetations of what is a open contract .
     
  4. Apr 7, 2001 #3
    SANDRA

    SANDRA Guest

    Re: Statute of limitation ques

    Thanks for the reply's. I'll definitely call a lawyer, but your answers did help me to a better understanding.
     
  5. Apr 7, 2001 #4
    Saar

    Saar Banned

    Re: Statute of limitation ques

    There is no such thing as a "SOL for collecting".

    It is not illegal to continue collecting even after the SOL period expired. The only meaning is that if they sue and you argue that SOL applies, then the suit is dismissed.


    Saar
     
  6. Apr 8, 2001 #5
    newbie

    newbie Guest

    Re: Statute of limitation ques

    I used to live in MI--SOL is 6 yrs. Now I live in CA (four years). So does this mean that I can no longer be sued for credit card c/o's from 1996/1997? I hope I'm understanding what you guys are saying. Thanks!
     
  7. Apr 8, 2001 #6
    Erica

    Erica Well-Known Member

    Newbie, your answer...

    Newbie,

    What state should I use in figuring out the Statute of Limitations?
    According to Ron Opher, of www.ron4law.com: In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL. There may also be an argument that the contract was signed "under seal" which might lead to a longer Statute of Limitations than an ordinary contract.

    Erica
     

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