Re: why chat law guy-being sued bcause I moved to another state

Posted by lawguy (151.205.69.193) on March 19, 2003 at 09:15:40:

In Reply to: Re: why chat law guy-being sued bcause I moved to another state posted by martin on March 19, 2003 at 01:57:08:

RI SOL would be 10 years.

If you become a resident of RI, then your creditors (original creditors, assigness of the OC, and debt collectors) can sue you there and the 10 year SOL will apply.

RI has no borrowing statute. If suit is brought in RI, the 10 year RI SOL will apply. Period.

Whether the same could be said if you move to a different state will depend upon the laws of that state.

The fact that your contract says "Governed by the laws of RI" does not mean that the RI SOL will apply if suit is brought elsewhere. The only time it would be of any import would be if suit was brought in ANOTHER state, and that court was looking to apply the OTHER state's borrowing statute. The court would have to look at where the cause of action accrued. Some states would infer that breech of a contract--which is governed by another state's laws due to a selection clause in the contract--occurs in the state as listed in the contract's law selection clause. Generally though, this doesn't happen, and I'm not sure any state even looks at them that way.

The UCC limitations period is clearly inapplicable to a credit card situation. The UCC limitations applies only to the sell of GOODS and only applies to transactions between the merchant and buyer. Obligations on a credit card agreement arise from a contractual agreement between the credit card issuer and the holder. The credit card issuer is not a seller of goods with regards to entering a credit card agreement with the holder.

You're way off base on that one...

Follow Ups:

Post a Followup