Statute of Limitations question:

[sphinx313]

Let's say I apply for a credit card in Florida, and move to California. The card was established and open in Florida and closed in California. Which state applies to the SOL? My first guess is the state that it was open in, and if so, do you just go by the month/year it was opened? 

I recently received a dunning from a lawyer who is collecting for a collection agency (weird, why didn't they just contact me) This lawyer is applying interest to the debt and saying he doesn't have to wait 30 days to sue me lol...ok buddy. I know it's tax time and this is a sleeper debt, not listed on my credit except with the OC and I know I owe it, that's not the problem.

I don't remember when this particular card closed, but I want to say 2009, which would put it only a few months away from SOL if the SOL was based on the state it was opened. Obviously I need to DV and see what this lawyer comes back with. He's jumping into the "S" word (sue) too quickly. I'm worried that he won't settle for 50% and that in 30 days he will report which will wreck all the progress I've made. I feel like I am going to have to pay this 5+ year old debt in full because the only leverage he has is that it's not reporting.

[ktl72455]

I would think the SOL would apply to the state the last transaction happened in and your current state of residency.

I am not sure about yours but mine started in MI and closed in Arkansas and I was sued in Arkansas.

[starry1]

I think I read just today that the ca sol is four years. You're in California?

[guiness56]

SOL is generally of the state you currently reside in.  This is because you have to be sued in the state you live in.

I say generally because they do have the option of using the SOL of the state where the company is.  Rarely happens.

SOL for suing  is initially determined by the DoFD.  If a payment is made after that it would possibly restart it.

I believe the 30 days he is referring to is the 30 days you are given to send a DV.  He is correct.  He can sue in that 30 days. The attorney cannot list a debt on your CR only the CA or OC can do that.

If he did file suit before you sent a DV he would be required to validate in court.

[Shogun]

It's usually the state in which  you reside.

[Jane_Eyre]

I have a similar question regarding SOL.  I was sued for a judgement for old credit card debt in Minnesota after I had moved out of state.  I was never served and they were awarded a default judgement even though the debt was over 6 years old, the SOL for Minnesota.  I now reside in California.  How do I go about challenging this judgement?

[guiness56]

Contact the court house where the judment was filed and tell them you were never served and want to have the judgment vacated.

In order for them to get a default judgment, there has to be something saying you were served, in one way or the other.  See what they have.

[Jane_Eyre]

Ok, thank you for the advice Guiness!  

[RobertEG]

The issue is the court having jurisdiction to hear the matter.  The prevailing SOL will then be that of the jurisdiction of triial.  A trial court applies the statutes of its jurisdition.

If action is brought by a debt collector, they have the statutory option under FDCPA 811(a) to bring action in either the jurisdiction where the account agreement was signed, or in the current jurisdiction of the consumer.  They will usually bring action in the jurisdiction of current residency of the consumer to simply issues such as service of notice on the defendant.