Regarding a debt collection matter, which state’s statute of limitationscontrols – the one in which you lived when the debt was incurred or the state that you live in now?

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Regarding a debt collection matter, which state’s statute of limitationscontrols – the one in which you lived when the debt was incurred or the state that you live in now?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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