COMPLETE ANSWER HERE

Posted by Why Chat (208.252.179.26) on July 18, 2004 at 15:36:38:

In Reply to: Statute Limitations, Fl.? OH? CO? posted by DeeDee on July 18, 2004 at 12:29:40:

The statutes for CONSUMERS under the FTC rules state that a creditor must file for an action EITHER in the State where the account was applied for, OR in the State of current residence.

The State where the suit is FILED determines the SOL.

If a lawsuit is filed in a different State from the current resident State, the debtor must be served with notice of the claim, and can file for a change of venue to their own State.

If a default judgment is obtained in a different State, it can not be enforced against a debtor in their resident State, unless the judgment is "perfected" ( certified by that State as being correct) and "domesticated" (refiled as a foreign judgment in the resident State)

In any case, since both Ohio and Fl both have a 4 year SOL for credit card open account debts, the SOL letter from my website, (linked below) will work.

It is true, however in SOME cases, where the State where the account was signed for has a SHORTER SOL than the resident State, it MAY be possible to defend on the basis of the SHORTER SOL-- however, this depends on when, and in what State the account defaulted and on the "borrowing statute" (if any) of the resident State.

In any case, if a person has questions, or are actually being sued, it is important to completely check with a KNOWLEDGABLE lawyer in their own State and not to rely on internet website advise.

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