Re: SOL (state u reside in or state debt was incured in?)

Posted by grantjeffries (12.215.218.123) on July 04, 2003 at 17:02:49:

In Reply to: SOL (state u reside in or state debt was incured in?) posted by sol_sister on July 04, 2003 at 12:04:51:

Here is something I found while looking for my state's SOL. It agrees with what Whychat posted.
[b]
What state should I use in figuring out the Statute of Limitations?[/b]
According to Ron Opher, of www.ron4law.com: In my opinion, the FDCPA applies, and so the only relevant jurisdictions are where the consumer signed the loan application and where the consumer currently lives (bank location is irrelevant). If those states are different, I believe the creditor has the choice of where to sue and can select the state with the longer SOL. There may also be an argument that the contract was signed "under seal" which might lead to a longer Statute of Limitations than an ordinary contract.

Follow Ups:

Post a Followup