Reply
New Member
JStar81
Posts: 4
Registered: ‎01-24-2013
0

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?

 

Valued Contributor
Repo-ed
Posts: 2,960
Registered: ‎02-09-2012
0

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

Moving to rebuilding forum

5/2012: 560 credit scores across the board and $500 secured CC
12/2014: 750+ scores across the board and $80k in revolving credit

Get those baddies removed!!!
Contributor
BearOSO
Posts: 97
Registered: ‎10-03-2012
0

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

where the contract was signed

New Member
JStar81
Posts: 4
Registered: ‎01-24-2013
0

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?

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

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.


myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+
}