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    WayTooMuch's Avatar
    WayTooMuch Posts: 32, Reputation: 2
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    #1

    May 18, 2007, 04:22 AM
    Statute of Limitations
    For credit cards (open-ended credit) Statute of Limitations (SoL), I know they expire in the range from 3 to 8 years depending on which state you live in. Here's my question, what state will the courts base the SoL on, the one you currently live in or the one where the credit card statements are going to.

    For example, my credit statements goes to Michigan (6 years of SoL) and I currently live in South Carolina (3 years of SoL). If I get sued today, will the SC courts accept SoL from SC (where I currently live) or MI (where my billing statements are going to)?

    Thanks!
    PurpleLagoon's Avatar
    PurpleLagoon Posts: 42, Reputation: 5
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    #2

    May 18, 2007, 07:51 AM
    Sc
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 18, 2007, 07:53 AM
    Why do your statements go to Michigan??

    If this is your home or billing address to the credit card companies, then this is all they know, so if they sue you, this will be where they sue you at, since they don't know you are in SC.
    WayTooMuch's Avatar
    WayTooMuch Posts: 32, Reputation: 2
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    #4

    May 18, 2007, 10:07 AM
    Quote Originally Posted by Fr_Chuck
    If this is your home or billing address to the credit card companies, then this is all they know, so if they sue you, this will be where they sue you at, since they don't know you are in SC.
    Lets say they fill a suit thinking that I'm in Michigan and THEN later found out that I'm not in Michigan and THEN finds out that I'm in South Carolina... again the question is what state's law and SoL will I have on my side? SC or MI?

    Anyone know with some level of certainty?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 18, 2007, 10:45 AM
    You will be filed against in the court at the address they have in file.
    If you do not appear in court and contest that courts validity, they will win by defalut, since that is their address off record.

    So they will get a judgeement by default, and you will have to then go back to court and prove why the judgement should be dismissed.

    So they will go back MI as long as they believe you are living there, also if you are still doing business with them from that address, they will fight that, MI is your legal address no matter where you are living,
    ** if you are paying the bill, answering the mail from that address.
    IF is merely a old address, no long used by you to receive mail.
    But if you are still legally receiving your mail from them there, they will try ( and up to a judge) to determine if that meets legal requirements to have it tried under that state law.

    So what you need to do, is notify them of your new legal address in SC and then they would have to serve you and go to court in the state you are living.

    So if you will answer the questions, who is receiving your mail in MI, what was this address, how long have you been living in SC,

    As long as they believe you live in MI, they will get a judgement there unless you inform them, or appear in the court to object.
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