[Disclaimer: I am not a lawyer. Do not accept this as a legal advice.]
I don't know you, but since I got my first credit card, I live in three states. After leaving California for three days after graduating from high school, I lived in Oregon, Washington, returned to Oregon, returned to Washington, returned to Oregon, and finally arrived in Idaho.
I think many of you have lived in multiple states in adulthood.
Two things happen when you miss your first credit card payment [or any other debt]. First, when you are 30 days late, the credit card issuer will report you as a credit bureau for 30 days late.
Second, limit the regulatory clock to start running. Each state's SOL provides a time limit for the purchase of a court action against someone in a criminal or civil case.
If you have never paid the credit card, the issuer or the collection agency that receives the account can sue you for the amount before the end of the Staute time limit. For example, in Idaho, a credit card account is defined as a written contract with a five-year SOL. Therefore, if I missed the payment due on June 4, 2016, I can sue before June 4, 2021.
But what if I move during my return to Oregon? Oregon has one from
Six years from
SOL is used for credit cards. I just changed myself for a year? If I am sued in Oregon in the sixth year, I will argue that SOL has expired. Borrow the statue.
Most states have borrowing regulations on their books. The borrowing regulations allow the court to "borrow" the statute of limitations from the state in which the debtor is in debt. This is to prevent creditors and other plaintiffs from "shopping" and to file lawsuits in the state with the most lenient SOL method.
Going back to my scenario, the lawsuit will be filed in Oregon because it has a longer SOL. In my defense, I will argue that debt is time-limited because I have
- Live in Idaho when debt occurs
- The Oregon borrowing statue is subject to Idaho SOL.
Of course the final decision belongs to the judge, so this argument is not guaranteed! However, if you find yourself in this situation, check if your state has a borrowed statue to defend you. You may avoid issuing a judgment against you.
Orignal From: If I move, which state's restrictions apply to me?
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