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Statute of limitations on credit card debt

Date: Wed, 03/07/2007 - 07:52

Submitted by anonymous
on Wed, 03/07/2007 - 07:52

Posts: 202330 Credits: [Donate]

Total Replies: 8


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.


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?


lrhall41

Submitted by on Wed, 03/07/2007 - 12:59

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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).


lrhall41

Submitted by on Wed, 03/07/2007 - 20:00

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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.


lrhall41

Submitted by on Wed, 03/07/2007 - 22:07

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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.


lrhall41

Submitted by on Thu, 03/08/2007 - 15:17

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