ConsumaAdvocate
Junior Member
What is the name of your state (only U.S. law)? Colorado/Texas
Naturally, another credit card debt collector suit. I'm putting forth a great deal of effort to help a member of my family who is to appear in court in a few weeks.
We're hoping for a statute of limitations dismissal and were having a heckuva time with the technical stuff.
The account, issuance of the card (or contract) originated in the State of Texas (SOL 4 yrs). The defendant now resides in Colorado (SOL 6 yrs) and has for multiple years. Suit on the account originating in Texas has been filed in Colorado County Court. FDCPA states suit must be filed in either state of contract origination, "or" state where defendant resides. Here's the big question, Which State; Statute of Limitations apply in this situation?
Debt attorney provided "verification" with court papers, showing account statement address being that of Texas. Account statement provided from original creditor is dated 2006, however, this is clearly not when last payment was made on the account. Doesn't SOL begin when very last payment was made on account?
Beyond grateful for your advice.What is the name of your state (only U.S. law)?
Naturally, another credit card debt collector suit. I'm putting forth a great deal of effort to help a member of my family who is to appear in court in a few weeks.
We're hoping for a statute of limitations dismissal and were having a heckuva time with the technical stuff.
The account, issuance of the card (or contract) originated in the State of Texas (SOL 4 yrs). The defendant now resides in Colorado (SOL 6 yrs) and has for multiple years. Suit on the account originating in Texas has been filed in Colorado County Court. FDCPA states suit must be filed in either state of contract origination, "or" state where defendant resides. Here's the big question, Which State; Statute of Limitations apply in this situation?
Debt attorney provided "verification" with court papers, showing account statement address being that of Texas. Account statement provided from original creditor is dated 2006, however, this is clearly not when last payment was made on the account. Doesn't SOL begin when very last payment was made on account?
Beyond grateful for your advice.What is the name of your state (only U.S. law)?