Statue of limitations?

[Anonymous]

My husband has an old debt with USA Discounters from 2014 that he stopped paying on when he left the Army. 2 months ago I received a letter from them that they were going to seek "aggressive collections" if he didn't contact them about making a payment. Today I received a letter from my old PO that they are canvassing for a new address from an attorney. Does the statue of limitations apply to state of residence of the debtor or the company?

[Anonymous]

Debtor.

[RobertEG]

The statute of limitations that will apply in any civil action will be that of the state where the court resides.

Courts must use their own state statutes at trial.

The issue of which state SOL applies is thus one of where the civil action can be brought.

Once they file their civil complaint, you then know the applicable SOL for that jurisdiction.

Debt collectors have the specific option under the FDCPA to bring civil action in either the currrent state of residence of the consumer, or in the state in which the contract that created the debt was executed.  Debt collectors, for various legal and procedural reasons, will normally opt to bring civil action in  the state of current residence of the consumer, unless the SOL has expired in that state, or the consumer has moved and the SOL is longer in the new state where the OC contract was negotiated.

If in doubt, it is best to consult an attorney for advise as to applicable SOL period.