Re: Statute of limitations, choice of law

Posted by Why Chat (209.240.222.130) on May 18, 2002 at 20:52:24:

In Reply to: Statute of limitations, choice of law posted by Tiri on May 18, 2002 at 20:10:45:

If it is an individual credit card, used for personal purchases,then the FTC laws in the FDCPA supercede any State statutes on "choice of law" The FDCPA clearly spells out venue and jurisdiction. A debtor can be sued either in his State of residence or in his State of residence when he signed for the credit.(of course, he still has to be legally served in his own State, and can apply for a change of venue)The sol of the State where the suit is filed is,of course effective,except in States like Michigan where if a debtor moves from a shorter sol State to Mich.and is sued in Mich. ,his prior State's shorter SOL applies.

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