How to determine a state SOL?
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How to determine a state SOL?
I received papers to appear in court for some “Order and proceedings supplemental to execution and order to show cause pursuant tp xxx” for a credit card debt. The last payment according to a credit report I have is over 7 1/2 years ago. I’m thinking it may be “time-barred” but I don’t know what state’s SOL applies. I lived in another state when I had the credit card. Does the state I live in now or the one that I previously lived in determine the length of SOL? Or is it the credi cars company’s state?
Asked on August 9, 2012 under Bankruptcy Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The credit card company is the plaintiff. You are the defendant. A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose. The applicable statute of limitations in this case is the statute of limitations in the state where the lawsuit was filed.
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