Need to know Statute of limitations on old credit card debt

I see it is stated the SOL is based on the state you live in, but, then I see it is stated SOL is based on where account was opened.

And, I see it stated that a credit card, SOL is based on where you live.

I was just owndering if anyone else has any more info on this?

I moved from CA to WA. I don't know which SOL applies.

could someone tell me the sol in my state?
Alabama

Morningstar is right about SOLs. Debts such as credit cards the SOL of your current residence applies I believe. In most cases, the court in some county (in another state) would have absolutely no jurisdiction over you (in your current county in the new state).

The SOL to all the states is here:
http://www.fair-debt-collection.com/SOL-by-State.html#1

Shari, it's because (in most cases), credit cards are unsecured debt (the SOL for which in Washington is 6 years). In California it is only 4 years.

On one of the previous postings, "mcranberra" answered that the statute of that state is considered where the account was originally opened. It does not make difference if you have shifted to another place after opening the account or if the creditor is operating from a different state. From all the information I've read on SOL so far, they all talk about if you move to a different state and come back to the originally state of residency, your SOL will be extended. But there's no mention any where if you move to a different state and stays there permanently, what then... So in my case the credit card account was originally opened in CA where I used to live and now I live in AZ and am not moving back to CA ever, I would go still go by the CA SOL then?

I live in PA.

Sued recently (going to defend myself on the advice of a local atty).

My Credit Report shows the account charged off in 2003 (4 years ago). PA SOL is 4 years.

In doing research, I found that the SOL starts from the first breach of the contract (First late leading up to the charge-off), not the last payment.

That would make it (Generally 4-6 months for most CC Companies) before the charge off date.

Anyone else confirm this?

The state that is used to determine the SOL is usually 'picked' by the credit card company and they are going to select the state you live in, the state you signed the agreement in or the state of their offices, which ever gives them the longest time to collect.

PA as they sued me here. Therefore the PA statutes apply. Still looking for confirmation from someone who has dealt with "First Breach" states like PA (first late leading up to chargeoff) rather than "Last Activity" states.

Thanks!

What is the sol in washington state?

ok, this has been asked a bunch of times....my best advice to all is to consult a local attorney just to be sure. However, there are some things worth mentioning here....

1--someone has mentioned that in some states, the SOL is put onhold if you move to another state, and resumes once you come back. Folks, I am not a lawyer, but it seems to me that if SOL on the same debt followed you each time you moved to another state, then there would be no reason to suspend that SOL if you move from the original state. I hope that made sense to someone...

2--on some contracts, including some credit card agreements, there is a clause that lists which state's laws will govern that contract. There is your answer, in such a case. Look over your credit agreements, you might find this info in there.

Lizly--someone already posted a link, just a few posts above yours, that lists all the SOL's for each state.

Roxette, I'm not certain but I'm hearing more and more that some collectors and attorneys are attempting to call a credit card debt a "written agreement" instead of an "open account" in an attempt to sue. There is a big difference in the SOL between the two in most states.

The last few years have been very difficult financially and I have not paid my debit in about 2 years now. I live in Florida and some attorney is trying to collect on a credit card debit but they have not been able to serve me with some papers. They have called me and left several messages but I have not returned the call. They have also come to my house but I have not answered the door. What happens if they go to court and get a judgement against me? Will they garnish my wages? I am the money maker in my family, my husband works on commission and makes little money. We have 3 small children which I have to pay childcare for. We live paycheck to paycheck. We also don't own any property. PLEASE HELP ME!!!!

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

My experience in CA is that you must fight the Collector especially if it is Midland Funding, their tatics is is to file in court a claim against you, then falsely show court that you have been severed. the out come is that you default on a official claim, thus request a Judgement against you. In my case I followed up on a letter that was sent to my home and I followed up with a search with the LA Superior Court web site, which show I was served, but I never recieved anything, so I filed an answer with a defense. I happen to be a Litigation paralegal, and with the help of my bosses I had the case dismised ! Do not think they go away and you must fight them!

Revolution of time! Hi!

I’ve received a letter from Asset Acceptance today for the first time ever! I have no idea how they found me!! The letter states that they have purchased an old creditor’s account and that I now own them $11.000 – The debt is mine, but I have not received anything from anybody in 9 years. I believe the last payment made to my old creditor was in 1999.

On the letter they only stated the creditor’s old account number and the amount due. I don’t know who the original creditor is, Asset Acceptance did not give me that information on the letter, and I’m supposed to contact Asset so they can give me all the info. I DON’T WANT TO CONTACT THEM!!

To be honest, I don’t want to pay for a debt that is over 8years. I CANNOT AFFORD IT! I live in California and the SOL here is 4 years!

I got in such panic yesterday that I shredded the letter!!

Nobody knows about my debt, not even my husband that I love and respect so much!!! I don’t know what to do!!!

Can anybody help???
Thanks in advance!

I would tell your husband so that he isn't blindsided by a potential phone call.

If this is a consumer debt, then you have the right to send a letter demanding that no further attempts at collecting the debt are made (if another CA attempts to collect the debt, repeat the process).