Re: Credit Card SOL - BEAR??

Posted by Why Chat (12.77.150.116) on October 13, 2002 at 11:37:51:

In Reply to: Re: Credit Card SOL - BEAR?? posted by Bear on October 13, 2002 at 01:26:52:

To enlarge on the subject;

IF, for instance, the poster had taken out the cc in a shorter SOL State, there are State's (like Wyoming) that apply the shorter SOL to someone who has moved into their State.

In that situation, although the venue AND jurisdiction remain in Wyoming, the Wy. statutes waive the longer SOL.

It is POSSIBLE, although I have not found it so far, that NY has a similar waiver. However,in those States I have found it in, it would only apply if the "cause of action"(first default) occurred in a shorter SOL State.

It is impossible to even remotely consider a Del. SOL as applying, as that State (the cc incorporation State) was NEVER a legal venue OR jurisdiction for the case.

The only legal reason for using the "Del. choice of law" to the best of my knowledge, is with reference to State banking and interest statutes.

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