If you move from one state to another, which state’s SOL applies to credit card debt?

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If you move from one state to another, which state’s SOL applies to credit card debt?

I acquired credit cards (written) in my former state of residence over 5 years ago. I was unable to make payments. I moved out of state 4 years ago where I live on a city disability retirement pension. My income is considered poverty level but I don’t qualify for assistance. I have received a “motion for default judgement” and I am still in negotiations with the lawyer. The debt is accruing interest of 24% for the last 5 years; this has made the bill twice the original amount.

Asked on June 4, 2012 under Bankruptcy Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Procedural laws, such as those in regards to the statute of limitations, are determined by where the lawsuit is brought, unless there is something in a contract or other agreement to the contrary. Therefore, the statute of limitations of the state  in whose courts you were sued would seem to apply.


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