Home
Public Forum
Credit Reports
Apply For Cards
Credit Directory
Credit Overview
Credit Problems
Credit News
International
Credit Glossary
Purchase Books
Credit Laws
Business Credit
Merchant Accts
   

I believe it goes by the SOL in the state where they file suit


[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]

Posted by begoodorelse (66.207.255.28) on March 04, 2004 at 09:39:33:

In Reply to: Open Accounts Lawsuits (SOL) posted by Anon on March 04, 2004 at 08:45:55:

For credit card debt, the debtor can be sued either in the state where the debtor lives now, or in the state where the debtor lived when the account began. Suit can only be filed in state court if THAT STATE'S SOL has not run. Ooops, wait, misstated that--suit can be FILED but if the debtor answers and asserts the defense of limitations, that will be the end of it.

Example: if you lived in North Carolina, opened a CC account there, moved to Florida and opened a CC account there, and moved back to North Carolina, you can be sued in NC on either one, but the SOL is 3 years in NC courts even on the FL account. You could be sued on the FL account in either NC or FL and the SOL in FL is 4 years. However, you could never be sued successfully in FL on the NC account because FL courts just don't have jurisdiction--even if you defaulted, you could come back later and vacate the judgment for lack of jurisdiction, if they haven't sucked the money out of your account by then.


Follow Ups:



Post a Followup

Name:
E-Mail:

Subject:

Comments:

Optional Link URL:
Link Title:


[ Follow Ups ]   [ Post Followup ]   [ Credit Forum Index ]

 

    Top Of Page

  

Copyright © 1999-2004 Enkephalos Web Design