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Heard conflicting (SOL) today from a Collection agency
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Posted by mike
(67.24.124.14) on December 02, 2002 at 22:23:06:
I'm in California. I contacted a collector I owe. I asked about the SOL. She stated,"If the account has been sold to a collection agency, they have 4 years to collect from your last payment, since you live in California, we have 4 years to take legal action." She also said, "if it hasn't been sold or a collector is working on behalf of the original grantor, ie. in-house collector the laws of the grantor's home state will almost always apply." She suggested I look on the back of my original agrement. I had a fleet card I defaulted on. It states, "I agree to the terms of the cardholder agreement with my card, including those which provide that the cardholder agreement and my account will be governed by Rhode Island and federal law. This clearly over rides California's 4 year (SOl.) Rhode Island has the worst (SOL). Please explain this. Is it legal? If it hasn't been sold, does the law of the state where the card was issued apply? Can they sue me under Rhode Island's law? Please if possible, post with legal correspondences, documentation, case law, etc.............
thanks
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