Which state’s statutes of limitations law will be followed regarding a defaulted credit card?
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Which state’s statutes of limitations law will be followed regarding a defaulted credit card?
The state I resided in when I opened the credit card account ,and made the charges? Or the state I currently reside in, and where they intend to sue me? I opened a credit card in CA 4 years ago and made all charges and payments in CA. All account activity was in CA and the last activity was aproximately 4 years ago. The third party company who has obtained my debt is based in CA but I currently reside in FL, and have for the past 2 years. They are going to be sending someone to serve me papers. Which state’s limitations laws will be followed, CA or FL?
Asked on October 5, 2011 under Bankruptcy Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A lawsuit can be filed where the plaintiff (company) resides/does business or where you, the defendant, resides or where the claim arose. The state in which the lawsuit is filed is the state where the statute of limitations is applicable and controlling.
When you are served with the summons and complaint (complaint is the lawsuit attached to the summons), the documents will name the court and state where the lawsuit has been filed. You will need to file with the court an answer to the complaint within the time stated on the summons (time starts running from the date you are served) and serve the answer by mail on the opposing party (attach a proof of service) or you will lose by default. If a default judgment is entered against you because you didn't timely file an answer to the complaint, you will need to file a motion to set aside the default. If the court grants your motion to set aside the default, the case is then back on track and litigation will continue. The answer to the complaint denies the allegations in the complaint. At the law library, look for answer to complaint in the index of Pleading and Practice. This will give you the sample format for an answer to a complaint. At the end of the complaint is the verification which you sign and date under penalty of perjury attesting to the veracity of the statements in your answer. Attach a proof of service and file your answer and verification with the court and serve a copy on the opposing party. You can either use a court form proof of service or you can write your own. If you write your own proof of service, it just says that you are at least 18 and the attached documents were sent via first class mail unless specified otherwise to ___________ (name and address of opposing party or opposing party's attorney) on __________ (date). You sign and date at the bottom. The date you sign should be the same as the date of mailing and the same date you file your documents with the court.
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