Question? What states statue of limitations to I go by Oregon or Nevada, I lived in Oregon when my charge off took place but I have lived in Nevada now for over a year. Thanks in Advance
This is for a credit card, right? A lot of credit card agreements actually contain a "choice of law" provision that basically says which state's laws will apply. Yea - they really do get to choose. You should look at your credit card agreement first to see what it says. If you don't have it handy by your bedside for quality nighttime reading, you can probably find it online.
This is very complicated stuff. The SOL may be considered a substantive or a procedural rule. Generally a procedural rule is defined by the forum state. So if the SOL is considered procedural in the forum state, the forum state might use its own SOL even if the choice of law provision suggests that another should be used. Dumb Bob doesn't know what the situation is in Oregon. Choice of law provisions may also have to be plead in the complaint, or answer or some amendment thereof, or they are lost, similar to some affirmative defenses. Of course, a granted motion to amend would potentially allow this even late in the case. Potentially three SOLs could be considered in a situation where the person moved from one state to another and allegedly had agreed to a contract with a choice of law provision from a third state. There is case law in federal court regarding a credit card where the person lived in Oregon, with its six year SOL and wanted to use another state's 3 year SOL. The choice of law suggested the 3 year SOL. The problem was that the law in the 3 year state tolled the SOL whenever the person wasn't in that state. Since the person was never in the state, they did live in Oregon, the SOL would never conclude the case. Under Oregon law, if the choice of law rules were deemed completely unfair, Oregon rules would then be applied. So what seemed like a 3 year SOL was suddenly a 6 year one on the basis of "fairness" to the defendant.