Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
If a signed up for a credit card in 2002 and the last payment was in 2004, would the statue of limitations be from OH where I lived at the time or SC where I live now? Can they summon me back to OH which has a longer SOL than SC?
Asked on May 31, 2011 under Bankruptcy Law, South Carolina
Answered 13 years ago | Contributor
The issue is where is the lawsuit or legal action brought? That will be the state whose statute of limitations, or SOL, applies. Where the suit is brought is the choice of the creditor, subject to or limited by the jurisdiction rules of the respective states (i.e. the rules declaring when each state *could* have jurisdiction or authority over the case).
In the case you describe, there is a very good chance that the action could be brought in OH, if that was where the debt was incurred (i.e. the "injury" giving arise to the cause of action happened). Also, the credit-card agreement you signed might well specific which state or states the creditor can bring a cause of action in, and if it does, those terms will be honored.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption