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-   -   Credit card debt judgement & statue of limitations (https://www.askmehelpdesk.com/showthread.php?t=306614)

  • Jan 21, 2009, 07:05 AM
    onefortheroad
    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
  • Jan 21, 2009, 07:58 AM
    George_1950

    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.
  • Jan 21, 2009, 08:09 PM
    zopko
    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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