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Mr. Wonderful · Posted: Wed Mar 07, 2007 8:52 am

Does the statue of limitations for a credit card debt apply based on your address or the creditors? For instance I live in NC, got the CC here, but the creditor is in South Dakota. The SOL in my state is 3 years, but SD it is 6.

Posted: Wed Mar 07, 2007 8:56 am

It applies where you live and took out the card, if I am not mistaken. Here is some info on NC Sol at http://www.fair-debt-collection.com/SOL-by-State.html#34 Good Luck!..Karen

Miss Wonderfull · Posted: Wed Mar 07, 2007 1:59 pm

I got a credit card in TX, at the end of 2000. I moved to Louisiana in January 2001. I no longer could pay the credit card in November 2003.
According to LA law, where I live, the SOL expired in November 2006. According to TX law, the SOL expires in November 2007.
If a collector, is to trying collect a debt from me, in LA, using the TX SOL law, that will mean the collector will also have to use the REST of the TX collection law...which is no collector can garnish wages or bank accounts for a TX unsecured credit card.

So, which SOL law would a collector abide by? The TX law where I no longer live, and havent for 6 years, or the LA law, where I live, now?

law student · Posted: Wed Mar 07, 2007 9:00 pm

Some attorney correct me if I am wrong, but I thought that regarding items such as unsecured credit cards, the SOL applies to where you are a current resident. With other debt, such as bank loans,etc, it is the place where they were made. Also, I thought that I read somewhere that Louisiana also has state collection laws (which might prohibit wage garnishment).

Posted: Wed Mar 07, 2007 9:32 pm

Louisiana has a prescriptive period but not a statute of limitations. By the way, I believe it is three years on the debt.

EX TX · Posted: Wed Mar 07, 2007 11:07 pm

I moved from Texas to Washington state. I had credit cards in Texas, and eventually, after moving to Washington, I could no longer pay the debts.

I am assuming the Washington SOL law governs my old debts, not the Texas.

Posted: Thu Mar 08, 2007 8:56 am

Don't pay attention to my other post Laughing

The Sol is where you live. For instance, my son took out a cc in NC years ago, and moved to OK about 6 years ago-the Sol is in Okla., where he lives. Hope I didn't confuse you more!..KAren

bluegrass biscuit · Posted: Thu Mar 08, 2007 4:17 pm

Question about the SOL...
I have two collections from Pinnacle Credit Service regarding two account numbers for different amounts. The date opened on them is 12/1/2005 and 3/1/2006. My question is, in the "date opened" part of my credit report on Experian, is that the date the original creditor opened the account or the date that Pinnacle Credit Service opened the account to collect? Those two amounts ring familiar from nearly 7 years ago, but in no way from 2005 and 2006. So what do I do to find out who the original creditor is and when the accounts went delinquent in the first place to see if the SOL is nearly up? Because looking at my credit report, the date opened is clearly not correct and won't be close to the SOL.

Posted: Thu Mar 08, 2007 5:42 pm

I also live in NC and had a few questions regarding the SOL on CC's here. The SOL is in the state that you currently have residence in. Which you were correct, it is 3 years. Very Happy

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