I currently live in North Carolina but have a debt from when I lived in Virginia. I have not checked to see if the SOL in these two states are different but if they are which one applies to the debt? I know that in order for a CR to collect a debt from me they have to be able to provide proof they can collect in NC but I am not sure about the SOL. Thanks
I would assume that they will use the SOL that is the longest. So maybe you need to be ready for this, ready with your argument that they should not be allowed to use this longer SOL but instead the shorter one.
If they try that, try to use the borrowing statute that is shorter. VA does this frequently. In addition, look at the card contract. Should be a choice of law provision. Move to have that enforced if the law of the jurisdiction referenced is shorter.
Just as a note to this post, here is what I have found on the SOL for these two states: Virginia Statutes of Limitation Open account: 3 years from the last payment or last charge for goods or services rendered on the account. Written contracts (non-UCC): 5 years. Sale of goods under the UCC: 4 years. Virginia Judgments: 10 years, and renewable (extended) to 20 years. Foreign judgments: 10 years. North Carolina Statute of Limitation Express or implied contract, not under seal: 3 years. Contract and sale of personal property under seal: 10 years. Open account: 3 years, NOTE: Each payment renews the SoL on all items purchased within the 3 years prior that payment. If no payment is made, the SoL runs from date of each individual charge. Contracts: From date of breach or default, unless waived or performance under the contract is continued. Judgments: 10 years Partial payment BEFORE the SoL expires renews the SoL from date of payment. Payment AFTER SoL expires renews SoL ONLY if, at time of payment, circumstances infer the debtor recognized obligation to pay. Partial payment on open account restarts SoL on purchases made within 3 years of payment date, if acknowledgment can be inferred, starts the statute anew as to the full obligation acknowledged, even if all of the charges were not made within the last three years.NC Continued... Partial payment by one debtor does not renew the statute of limitations as against any a co-debtor unless that co-debtor agreed to, authorized or ratified the partial payment. Partial payments DO NOT affect the ten-year limitation on enforcing or renewing judgments. Bankruptcy, Death or Disability: Filing of a bankruptcy tolls the statute of limitations for the enforcement of contracts and judgments. The death, minority, disability or incompetence of a debtor also tolls the limitation period until such time as a personal representative of the estate or a guardian of the incompetent or minor is appointed.
