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JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5

General info needed about Statute of Limitations

I'm not really wanting to get into specifics, just looking for general info. Since each state generally has different SoL lengths, which state's SoL applies? Does the state where you open the account apply or the state where you happen to live in at the time of termination of the contract? In some cases, this can be the same so it won't matter but I'm seeing year ranges from 3 to 15 so it can make a big difference to some.


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
I think you need to be more specific. Most of the Statute of Limitations I hear about are criminal and it is where the crime is committed.

Not sure what 'account' one would open that has a Statute of Limitations applied to it.

If there is a contract (legal one) - any limitation should be included in the contract.
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
Debt/credit cards are what I'm referring to. Sorry, yeah I realized while Googling this, that SoL can refer to different things. I know that different types of debt have different lengths to their SoL and that GA is 4-6 years for an open ended account (of which credit cards are considered a part of, yet despite GA being 4 years, its actually 6 for CC accounts).

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
reply to JoelC707
OK here's an example of what I'm asking. I have a credit card account I open in Georgia, but I move to another state and make some payments there (they also know I now live there), then stop paying it in the other state breaching the contract. Does Georgia's SoL on the debt apply or does the other state's SoL apply?

The reason I said not wanting to get into specifics and it's just general info is mainly because this is just something that has been bugging me and I've never been able to find an answer. Yes, I do have CC debt that hasn't been paid and yes my situation does somewhat mirror this example but both states in my situation have the same length (6 years) on CC SoL so it's a moot point in my case.


silentlooker
Premium
join:2009-11-01

1 recommendation

You asked question which can't be answered without a lot more details. Here is basic answer for you base on what you posted.

»www.cardhub.com/edu/which-states···applies/

mocycler
Premium
join:2001-01-22
kudos:1
said by silentlooker:

You asked question which can't be answered without a lot more details. Here is basic answer for you base on what you posted.

»www.cardhub.com/edu/which-states···applies/

Wow, that link is an excellent answer! Awesome research, silentlooker. A+

To add to the information already given, the crappy news is that there is usually more than one law a credit card issuer can use to go after you. Lawsuits almost never happen in a vacuum. There are so many caveats and clauses in a user agreement, it is almost impossible for a consumer to wiggle out on a technicality. If a creditor wants their money bad enough there is probably something either in the agreement or the law they can get you on.

Also, there is a lot of grey area as to when the statute of limitations begins. Simply because the chronological time for statute of limitations has passed does not automatically mean you are in the clear. Sometimes the clock is reset due to actions of either party. For example, if you made a payment or a charge, or initiated contact with the creditor (for any reason)...in many (not all) cases these events put you back at the starting line and effectively means the SOL never runs out. Some time limits are measured in business days.

I would say that if it gets to the point where the courts may be involved, you need to get yourself some legal counsel.

mocycler is a corporate counsel attorney and (by most accounts) a decent guy

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2

1 recommendation

reply to JoelC707
The SoL applies to where ever the court case is being heard.

Usually this is where the bank is located or where the contract was signed. Just because you moved does not mean you can change the jurisdiction. If so, people would suffer a loss and then simply move to where ever the case was most favorable to them and file there. If you wanted to sue me, I could not move to Canada and claim you can only sue me there.

Also, there is a possibility that the contract you signed only allows you to sue the party in a certain state. This is happening more and more.

guppy_fish
Premium
join:2003-12-09
Lakeland, FL
kudos:3
Reviews:
·Verizon FiOS
said by tcope:

The SoL applies to where ever the court case is being heard.

Usually this is where the bank is located or where the contract was signed. Just because you moved does not mean you can change the jurisdiction.

Not correct, the suit is always where the defendant is legally a resident of.

People "move" to Florida all the time due to the very liberal BK laws here. SOL will be the laws of the state you are considered a resident in and where the judgement is being sought.

bmilone2

join:2001-01-26
Mays Landing, NJ
said by guppy_fish:

said by tcope:

The SoL applies to where ever the court case is being heard.

Usually this is where the bank is located or where the contract was signed. Just because you moved does not mean you can change the jurisdiction.

Not correct, the suit is always where the defendant is legally a resident of.

People "move" to Florida all the time due to the very liberal BK laws here. SOL will be the laws of the state you are considered a resident in and where the judgement is being sought.

Guppy is correct, the suit would be opened in the State that the debtor lives.

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
reply to guppy_fish
said by guppy_fish:

said by tcope:

The SoL applies to where ever the court case is being heard.

Usually this is where the bank is located or where the contract was signed. Just because you moved does not mean you can change the jurisdiction.

Not correct, the suit is always where the defendant is legally a resident of.

Actually what I stated is correct. If I have a disagreement with my bank I can bring the suit in the state where I signed the contract or the state they are domicialed in. I have no disagreement that it makes no sence to bring it in the banks state but it can be done.

said by guppy_fish:

SOL will be the laws of the state you are considered a resident in and where the judgement is being sought.

As mentioned in my example, this would be incorrect. You and I cannot sign a contract in FL, I then move to Puerto Rico and I then claim you can't file in FL because I _now_ live in PR (or Canada, or Russia, etc.). Your statement that the SoL applies where the person lives _and_ where the case is filed makes no sence as this could very well be two different locations. Bottom line, it's were the case is _filed_ as that is the only courts opinion that matters.

tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
reply to bmilone2
said by bmilone2:

Guppy is correct, the suit would be opened in the State that the debtor lives.

So I can sign a contract, move to Russia and the person who sues me needs to do so in Russia... just because I "moved" there?

A person cannot run from their contracts and make the other party hunt them down and file in that state. That make not make any sense whatsoever.

If you want to sue someone you need to serve them. However, even if you can't find them you can still do due diligence. This might involve placing ads in a local paper and then filing a motion for a court to accept this. Happens all of the time. If you break a contract with someone you simply cannot move to a state that is more favorable to you in order to have the case heard there.

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
reply to silentlooker
said by silentlooker:

You asked question which can't be answered without a lot more details. Here is basic answer for you base on what you posted.

»www.cardhub.com/edu/which-states···applies/

WOW! So basically it can vary from situation to situation. In my specific case the accounts were both opened in GA and the bulk of the transactions were likely in GA but I was in AZ for a while before I lost the means to pay them. As I said, in my case, both AZ and GA have the same 6 year length on SoL so short of one state being more "beneficial" or them choosing to do so in their state, it really doesn't matter in my case. I know what I'm asking is rather broad but I'm not looking for assistance in my specific case, I was just curious about the "in general" nature of the question.

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
reply to tcope
said by tcope:

said by bmilone2:

Guppy is correct, the suit would be opened in the State that the debtor lives.

So I can sign a contract, move to Russia and the person who sues me needs to do so in Russia... just because I "moved" there?

A person cannot run from their contracts and make the other party hunt them down and file in that state. That make not make any sense whatsoever.

If you want to sue someone you need to serve them. However, even if you can't find them you can still do due diligence. This might involve placing ads in a local paper and then filing a motion for a court to accept this. Happens all of the time. If you break a contract with someone you simply cannot move to a state that is more favorable to you in order to have the case heard there.

I have to say, with my limited knowledge of the court system, short of signing some agreement to only bring a lawsuit in a specific state/area, this is true. I think the only requirements to file a lawsuit in a specific state is that the plaintiff or defendant needs to have some kind of "presence" there. This can be where one of you lives or has a place of business.

bmilone2

join:2001-01-26
Mays Landing, NJ
reply to tcope
said by tcope:

said by bmilone2:

Guppy is correct, the suit would be opened in the State that the debtor lives.

So I can sign a contract, move to Russia and the person who sues me needs to do so in Russia... just because I "moved" there?

A person cannot run from their contracts and make the other party hunt them down and file in that state. That make not make any sense whatsoever.

If you want to sue someone you need to serve them. However, even if you can't find them you can still do due diligence. This might involve placing ads in a local paper and then filing a motion for a court to accept this. Happens all of the time. If you break a contract with someone you simply cannot move to a state that is more favorable to you in order to have the case heard there.

In the situation being disussed by the poster, yes the creditor would have to go after the debtor in the state of their residence. The reason for this is that lets say for example the creditor is in New York State and the Debtor is in Florida. If the creditor gets a judgement in a New York Court it is not automatically recognised in other States. If the debtor has assests in New York State, then of course the creditor could seek those assets. But if the assets are in Florida the creditor would have to use an Attorney licensed in Florida to petition the court to accept a New York judgement (which will fail) or start an action for judgment in the Florida Courts.

You are correct that if someone moves it doesn't mean they no longer owe the money, but it does mean the creditor has to collect the assets in the State that they exist in.
Expand your moderator at work

tdumaine
Premium
join:2004-03-14
Seattle, WA
reply to JoelC707

Re: General info needed about Statute of Limitations

said by JoelC707:

said by silentlooker:

You asked question which can't be answered without a lot more details. Here is basic answer for you base on what you posted.

»www.cardhub.com/edu/which-states···applies/

WOW! So basically it can vary from situation to situation. In my specific case the accounts were both opened in GA and the bulk of the transactions were likely in GA but I was in AZ for a while before I lost the means to pay them. As I said, in my case, both AZ and GA have the same 6 year length on SoL so short of one state being more "beneficial" or them choosing to do so in their state, it really doesn't matter in my case. I know what I'm asking is rather broad but I'm not looking for assistance in my specific case, I was just curious about the "in general" nature of the question.

It sucks you lost your job or income, but that doesnt mean you don't have to pay. Pay your bills. Work out a payment plan for them. Even if you wait out the statute of limitations, you will never get credit again if you don't

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
And that right there is what I DIDN'T want this to turn into. I don't need info about paying or not paying my bills. I didn't even want to bring my specific situation into this thread because I knew this right here would happen (and both states are the same length so it really doesn't matter in my case). I understand you're just trying to help but really, let's not turn this into that kind of thread.

tdumaine
Premium
join:2004-03-14
Seattle, WA
said by JoelC707:

And that right there is what I DIDN'T want this to turn into. I don't need info about paying or not paying my bills. I didn't even want to bring my specific situation into this thread because I knew this right here would happen (and both states are the same length so it really doesn't matter in my case). I understand you're just trying to help but really, let's not turn this into that kind of thread.

What kind of thread do you really expect it to be when you are asking about the statute of limitations to not pay your credit card bills (voluntarily or involuntarily)?

They have programs ya know, where you call them, tell them you lost your job. They freeze your credit card (so you cant use it anymore) and set you up on a payment plan (to repay them and hopefully not take a credit hit).

If it wasnt me, it would be someone else telling you the same thing.

You know trying to do what you are asking to do is what RAISES rates for EVERYONE? WE end up paying for YOU.

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
The kind of thread I expected is the "general info" kind. You know, like the thread subject says? The kind of info silentlooker See Profile gave me. Not the kind of info that tells me something I already know.

And besides, where did I say I wasn't planning on paying it back or anything along those lines? Is it because I reluctantly gave up info about my specific situation and then pointed out since they have the same length it doesn't matter (for me)? That was me trying to steer the thread back in the "general info" direction and not have it go in the "pay your bills" direction.

tdumaine
Premium
join:2004-03-14
Seattle, WA
said by JoelC707:

And besides, where did I say I wasn't planning on paying it back or anything along those lines?

Why else would you want to know what the statute of limitations is?

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
Maybe because I'm curious? Maybe it got brought up in a conversation with someone and I didn't know the answer so I asked around? Or maybe because the SoL can apply to different types of debts? Which of course have different lengths that "open" accounts. And PLEASE do not take that as meaning I have yet more debt I'm magically trying to get out of. Take your pick but trust me, it's not because you think I want to be a dead beat or whatever.

tdumaine
Premium
join:2004-03-14
Seattle, WA
said by JoelC707:

Maybe because I'm curious? Maybe it got brought up in a conversation with someone and I didn't know the answer so I asked around? Or maybe because the SoL can apply to different types of debts? Which of course have different lengths that "open" accounts. And PLEASE do not take that as meaning I have yet more debt I'm magically trying to get out of. Take your pick but trust me, it's not because you think I want to be a dead beat or whatever.

There is no other reason the statute of limitations comes into play for. NONE


silentlooker
Premium
join:2009-11-01
reply to tdumaine
said by tdumaine:

said by JoelC707:

said by silentlooker:

You asked question which can't be answered without a lot more details. Here is basic answer for you base on what you posted.

»www.cardhub.com/edu/which-states···applies/

WOW! So basically it can vary from situation to situation. In my specific case the accounts were both opened in GA and the bulk of the transactions were likely in GA but I was in AZ for a while before I lost the means to pay them. As I said, in my case, both AZ and GA have the same 6 year length on SoL so short of one state being more "beneficial" or them choosing to do so in their state, it really doesn't matter in my case. I know what I'm asking is rather broad but I'm not looking for assistance in my specific case, I was just curious about the "in general" nature of the question.

It sucks you lost your job or income, but that doesnt mean you don't have to pay. Pay your bills. Work out a payment plan for them. Even if you wait out the statute of limitations, you will never get credit again if you don't

Negative score goes off your credit report after 7years. To say that person will never get credit again if they don't pay is just wrong.

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5

1 edit
reply to tdumaine
I agree. But again, what makes you think I'm asking for ME? So universally, someone asks about something (anything, doesn't matter what) and you AUTOMATICALLY assume it's about them and won't take no for an answer? Wow. Just wow.
edit to add a line


Chuck22
Premium
join:2003-11-10
Salt Lake City, UT
kudos:5
Reviews:
·Comcast
reply to tdumaine
said by tdumaine:

There is no other reason the statute of limitations comes into play for. NONE

In addition to being beyond the scope of the op's original inquiry, your assumptive remark certainly reflects your lack of comprehensive reasoning.
--
amicitia sine fraude

tdumaine
Premium
join:2004-03-14
Seattle, WA
said by Chuck22:

said by tdumaine:

There is no other reason the statute of limitations comes into play for. NONE

In addition to being beyond the scope of the op's original inquiry, your assumptive remark certainly reflects your lack of comprehensive reasoning.

Prove me wrong then?

tdumaine
Premium
join:2004-03-14
Seattle, WA
reply to JoelC707
said by JoelC707:

I agree. But again, what makes you think I'm asking for ME? So universally, someone asks about something (anything, doesn't matter what) and you AUTOMATICALLY assume it's about them and won't take no for an answer? Wow. Just wow.
edit to add a line

For your reference:

said by JoelC707 See Profile
WOW! So basically it can vary from situation to situation. In my specific case the accounts were both opened in GA and the bulk of the transactions were likely in GA but I was in AZ for a while before I lost the means to pay them. As I said, in my case, both AZ and GA have the same 6 year length on SoL so short of one state being more "beneficial" or them choosing to do so in their state, it really doesn't matter in my case. I know what I'm asking is rather broad but I'm not looking for assistance in my specific case, I was just curious about the "in general" nature of the question.
[/BQUOTE :


tdumaine
Premium
join:2004-03-14
Seattle, WA
reply to silentlooker
said by silentlooker:

Negative score goes off your credit report after 7years. To say that person will never get credit again if they don't pay is just wrong.

Yes the mark goes away, but then explain the long gap in credit, avail credit, etc. They will be able to get secured credit, and work their way up again

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
reply to tdumaine
said by tdumaine:

said by JoelC707:

I agree. But again, what makes you think I'm asking for ME? So universally, someone asks about something (anything, doesn't matter what) and you AUTOMATICALLY assume it's about them and won't take no for an answer? Wow. Just wow.
edit to add a line

For your reference:

said by JoelC707 See Profile
WOW! So basically it can vary from situation to situation. In my specific case the accounts were both opened in GA and the bulk of the transactions were likely in GA but I was in AZ for a while before I lost the means to pay them. As I said, in my case, both AZ and GA have the same 6 year length on SoL so short of one state being more "beneficial" or them choosing to do so in their state, it really doesn't matter in my case. I know what I'm asking is rather broad but I'm not looking for assistance in my specific case, I was just curious about the "in general" nature of the question.

Fixed it for you, pay special attention to the underlined part....

Oh and before you go and claim "not asking for assistance in my specific case" was me admitting I'm planning on dodging my obligations, think again (but if the rest of this thread is any indication, I know you won't), it's not.

JoelC707
Premium
join:2002-07-09
Lanett, AL
kudos:5
reply to tdumaine
said by tdumaine:

said by silentlooker:

Negative score goes off your credit report after 7years. To say that person will never get credit again if they don't pay is just wrong.

Yes the mark goes away, but then explain the long gap in credit, avail credit, etc. They will be able to get secured credit, and work their way up again

And for your reference, I've already got a secured card and am rebuilding my credit. Thanks.