Re: Choice of Law- Statute of Limitations

Posted by attorney2k (199.174.160.30) on January 16, 2004 at 20:23:49:

In Reply to: Choice of Law- Statute of Limitations posted by Texas-Houston on January 16, 2004 at 19:23:14:

I assume that you live in Texas. Have you actually been sued in Texas? First, let me tell you that the SOL in Texas is 4 years, and the SOL in Ohio is 15 years. Anyone telling you differently is mistaken. As for your central question, as to which law will apply -- that is more difficult. I researched this question a while back and concluded that in Texas, even though the choice of law provision in a credit card contract would specify that the law of another state would be used, the choice of law provision does not apply to Statue of Limitations and the Texas SOL of 4 years would apply. This cuts both ways because many states' SOL are less than 4 years -- those lesser SOLs would also not be valid in Texas, even though the choice of law clause in the contract provided for the law of the other state. Again, I ask you if you have been sued. There's a world of difference between the creditor simply telling you this and an opposing attorney who has sued you asserting this.
attorney2k
Nothing said herein is legal advice.

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