@Anonymous wrote:Hi all,
I've tried doing some digging in older forum topics but haven't found a good answer to this question, so I'm sorry if it's redundant.
I am being sued by Portfolio Recovery, who bought an old Amex debt that I believe to be out of SOL (Portfolio has reported a couple different DOFD on my credit reports, but that's another story...). I am seeing in Amex's cardholder agreement that they have a "Governing Law" clause that states that the agreement is governed by Utah law. Does this also affect SOL (it is 4 yrs in UT, and I'm in MI where it is 6 yrs)? Here is the verbage:
"Utah law and federal law govern this Agreement and your Account. They govern without regard to internal
principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this
Agreement with you in Utah."
Does this mean I am able to claim it is out of SOL based on Utah law, or would MI law still apply?
Thanks a bunch!
Did you enter into an agreement with Portfolio? If not, then how is this claimed?
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