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Where the SOL applies
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Posted by SOL in SF
(165.247.214.117) on January 24, 2004 at 12:29:35:
In 2000 I stopped paying on a VISA with a balance of
$14,000 upon the adevice of AN attorney
who determined I was judgment proof, since I own nothing but 1/2 an old car and live on SSDI. I followed his advice and the collection agency stopped harrassing me. In October they resurfaced, calling once and sending me a bill in Dec. and Jan.
Before I pursue bankruptcy, I would like to determine if the stature of limitations has expired. The last activity on the account (a payment of $225) was in September 1999.
The VISA card was obtained through my bank at the time, California Federal. The VISA card, originally from Individualized Band Card Services, seems to have been acquired by MBNA, as that is who the collection agency (in Virginia)lists as whom they bought it from.
My bankruptcy attorney whom I consulted said I need to find out from a "debt collection" attorney which
statute of limitations applies here, California or the state issuing the card and if it is the state
issueing the card what the statue of limitations
is in that state. So is the state issuing the card California, where the bank is? Or is it Arizona, where I originally sent my payments to Individualized BankCard Services? Or is it Delaware where MBNA is? Or is it Virginia whre the collection agency is? Acording to the chart on this site the SOL would have expired in any case.
We think the reason these people "re-surfaced"
in October is that the statue was running out. All of this, of course, assumes that the credit card contract is an "Open Contract". Anybody know the answer?
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