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Statute of limitations to sue for debt, different states?

New Member

Statute of limitations to sue for debt, different states?

I've heard different things on this, so I'm wondering what the statute of limitations is for credit card debt in interstate situations. This is regarding a credit card company, that I believe is headquartered in Delaware. At the time I applied for and used the card, I was in Massachusetts. I stopped paying when I lost my job and couldn't even pay my mortgage in 2009. I then moved to, and now live in, Florida. The debt has been sold off to a collection company based in Nevada. Each state, Delaware, Nevada, Massachusetts, and Florida, has a different statute of limitations for how long I can be sued to get a judgement against me for the debt. I'm wondering which states' statutes is the one that applies to this limit. I'm guessing it's Florida, but I'm not even sure if they have to sue me in Florida or they can somewhere else. I've also heard that the Florida statute only starts ticking once I'm actually in the state, so since I moved here only 2 years ago, even though the debt hasn't been paid for about 4 now, I still have 3 years that they can sue for it here since the SoL is 5 years?

 

Message 1 of 5
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Valued Contributor

Re: Statute of limitations to sue for debt, different states?

Moving to rebuilding forum

5/2012: 560 credit scores across the board
12/2014 750+
3/2017 780+
5/2017 800+
Message 2 of 5
Contributor

Re: Statute of limitations to sue for debt, different states?

where the contract was signed

Message 3 of 5
New Member

Re: Statute of limitations to sue for debt, different states?

I don't think I ever physically signed anything, just online apped for it. I could be wrong though. It would be Massachusetts then I guess is where I was when I filled out the app for them. If they were going to sue me for it though, would they file suit in Mass, or in Florida where I currently live?

Message 4 of 5
Epic Contributor

Re: Statute of limitations to sue for debt, different states?

SOL for suing is normally for the state you currently live in.  They can use the SOL of the creditor but it rarely happens.

Message 5 of 5