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    onefortheroad's Avatar
    onefortheroad Posts: 1, Reputation: 1
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    #1

    Jan 21, 2009, 07:05 AM
    Credit card debt judgement & statue of limitations
    By law... credit card companies can charge you overlimit fees, late fees etc. based on the laws in the state where the company is located.

    When you are brought into court for a judgement, the statue of limitations that is applied is from what state? Where you live? Or where the credit card company is located?

    Thank you
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jan 21, 2009, 07:58 AM

    Welcome to AMHD. Good question, which falls under the subject, 'conflict of laws'. The initial inquiry is with the credit agreement or contract, so see if there is a covenant as to what state's law governs the contract. If it is silent, the answer to your question is most likely the law of your (the defendant's) residence. You may find that there are two statutes; argue both of them if they are favorable, of course.
    zopko's Avatar
    zopko Posts: 4, Reputation: 1
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    #3

    Jan 21, 2009, 08:09 PM
    Quote Originally Posted by onefortheroad View Post
    By law....credit card companies can charge you overlimit fees, late fees etc. based on the laws in the state where the company is located.

    When you are brought into court for a judgement, the statue of limitations that is applied is from what state? where you live? or where the credit card company is located?

    Thank you
    Where you live. You can look it up on the web.
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