Sol when you move?? NH/MA

[bsf1017]

We live in NH. We defaulted on a Citibank Credit card back in I believe sometime in 1999, the card was charged off in December 2000. At the time we lived in MA...we moved to NH in December of 2003.

Did the SOL reset when I moved?? In MA it is 6 yrs on a cc but in NH it is 3. If it didn't reset which do I go by? I had not heard from this creditor in years....

However they have contacted me this week and say they are going to take me to court (NH court)....do I have a defense? Citibank has of course sold this to a CC agency and this agency is being represented by this law firm that is calling me. ?

When does the SOL start?? I have heard the date you were first late and then I have heard it is the date of chargeoff.

[Debt Guy]

The SOL begins at the date of first default -- which is typically 30 days after your last regular payment. You can usually determine your DOFD by getting a copy of your credit report, finding the line for the original creditor and looking in the column for Date of Last Activity.

Your cardholder agreement probably says the creditor has the choice of law. So, they will try to sue you under the SOL of the state with the longest SOL.

If you are sued in NH, you will need to respond to the suit with the affirmative defense that the debt is time barred under NH law. The creditor will try to argue that some other state SOL applies. Judges in different states have taken different positions on this.