statue of limitations

[jayzad]

What is the name of your state? Kentucky
What is the statute of limitations is on unsecured credit card debt, starting from the last day of any activity on the account. Debt occurred while living in the state of West Virginia, and now I live in Kentucky.

[I AM ALWAYS LIABLE]

Originally Posted by jayzad

What is the name of your state? Kentucky
What is the statue of limitations is on unsecured credit card debt, starting from the last day of any activity on the card. Debt occurred while living in the state of West Virginia, and now I live in Kentucky.

My response:

First of all, a "statue" is usually something made of Bronze, found in a park or a museum. Second, the word is spelled "Statute." Third, I can't believe you actually moved from one Dufus, trailer park, State to another.

IAAL

[jayzad]

I'm sorry I thought this was Free Advice.com not Free Advice for spelling.com. I don't know what suck axx state you live in, but they all have trailer parks. Where I live we treat each other with respect, or one is asked to step out side. Oh did you notice all my spelling problems this time. Have fun correcting them. Observation, to hang out at a BB site and correct peoples spelling tells me a lot about you. Get a life. Maybe someone else will help, because you should did not.
Thanks to those that help others at this site.

ps edit, Oh now I understand your you live in Los Angeles, California and Graduate Stanford Law School. Just think you had to go to school to be the type of person you are. Way to much said, I'm starting to feel like a graduate of the raving lunatic school. Have a good day sir. LOL

[I AM ALWAYS LIABLE]

Originally Posted by jayzad

I'm sorry I thought this was Free Advice.com not Free Advice for spelling.com. I don't know what suck axx state you live in, but they all have trailer parks. Where I live we treat each other with respect, or one is asked to step out side. Oh did you notice all my spelling problems this time. Have fun correcting them. To hang out at a BB site and correct peoples spelling tells me a lot about you. Get a life. Maybe someone else will help, because you should did not.
Thanks to those that help others at this site.

My response:

But, despite all that, you still decided to correct your spelling in your original post. Obviously, I must have made an impression. And, what does, "because you should did not" mean?

Now, when you decide to correct all of your mistakes, apologize to me, and then explain why you moved from one Dufus State to another, then I MIGHT help you.

IAAL

[bmd59]

Hope this helps...

Kentucky Statutes of Limitation

Recovery of real property: 15 years (KRS 413.0 10).

Judgment, contract or bond: 15 years (KRS 413.110).

Breach of sales contract: 4 years (KRS 355.2- 725).

Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).

Action on check, draft or bill of exchange: 5 years (KRS 413.120).

Action for fraud or mistake: 5 years (KRS 413.120).

Actions not provided for by statute: 10 years (KRS 413.160).


West Virginia Statutes of Limitation

Unwritten and implied contracts: 5 years, (W. Va. Code 55-2-6 (1923)).

NOTE: If a debtor makes an acknowledgment by a new promise, or voluntarily makes a partial payment on a debt, under circumstances that warrant a clear inference that the debtor recognizes the whole debt, the statute of limitations is revived and begins to run from the date of the new promise, (W. Va. Code §55 -2-8 )

Breach of a sale of goods, lease of goods, negotiable instruments and secured transactions under the UCC, is found Article 46 of the West Virginia Code.

[JETX]

Originally Posted by bmd59

Hope this helps...

It 'helps', but is only PART of the CORRECT answer.
And it is that other (even more important) part.... that is being withheld (at least by me) due to the attitude of the OP.

See this is part of the problem when people who THINK they know the law try to post.... when they really don't. Wrong 'advice' is worse than no advice.

[I AM ALWAYS LIABLE]

Originally Posted by JETX

It 'helps', but is only PART of the CORRECT answer.
And it is that other (even more important) part.... that is being withheld (at least by me) due to the attitude of the OP.

See this is part of the problem when people who THINK they know the law try to post.... when they really don't. Wrong 'advice' is worse than no advice.

My response:

Yes, it's a shame.

Also, the OP thought I was being a smart-ass for asking why he moved from one Dufus State to another. Well, in a way, I admit, I was. However, the question does play an important part of the answer he seeks.

But, he'll never know, now.

IAAL

[jayzad]

Now back to my questions and to those of you that have helped , I've searched this site and found some of the information bmd59 posted, but I don't think it answered my questions.
Question
If a person responds to credit card solicitation, and fills out the paper work and sends it back to the company.
Is this considered an unsecured credit card account?
Then at a later point in time all payments towards that account are STOPED, DEFULTED, and no further payments are made.
At that point in time how long is the SOL for the credit card company to sue for judgment?
Account was opened while living in WV, and now living in KY.
What difference will that make?

Ps. To the spelling bee champ. "And, what does, "because you should did not" mean?" because you sure did not. Drop it. Please go to spelling, and grammar dot com. I don't have the time.

Thanks again to those of who have read my post, and have tried to answer my questions.

[I AM ALWAYS LIABLE]

Originally Posted by jayzad

Now back to my questions and to those of you that have helped , I've searched this site and found some of the information bmd59 posted, but I don't think it answered my questions.
Question
If a person responds to credit card solicitation, and fills out the paper work and sends it back to the company.
Is this considered an unsecured credit card account?
Then at a later point in time all payments towards that account are STOPED, DEFULTED, and no further payments are made.
At that point in time how long is the SOL for the credit card company to sue for judgment?
Account was opened while living in WV, and now living in KY.
What difference will that make?

Ps. To the spelling bee champ. "And, what does, "because you should did not" mean?" because you sure did not. Drop it. Please go to spelling, and grammar dot com. I don't have the time.

Thanks again to those of who have read my post, and have tried to answer my questions.

My response:

Good bye!

IAAL

[Ladynred]

Oh this unrestrained stereotypcial prejudice by certain parties is ongoing and completely unjustified. Some people still think the southern states are stuck in the civil war era where the population is still wearing coonskin caps and totin' flintlocks.

The SOL for credit cards in KY is 5 years (unwritten contract, contract not in writing). The SOL for credit cards in WVA is also 5 years.

What JetX would undoubtedly tell you is that because you left WVA, the SOL has 'tolled' or stopped running. However, few debt collectors are smart enough to know the first thing about SOL let alone any other fine points of state law.

Per the FDCPA, IF a creditor/collector is going to sue you, they must do it in the state where you entered into the agreement, or the state where you live NOW. For the most part, they are going to sue you where you live, and you could certainly start by arguing the SOL for the state you're sued in.

If you're only dealing with some scumbag collector on a debt older than 5 years, you can start with a cease and desist letter based on the expired SOL for KY - believe me, these dumb-azz collectors won't know the difference, they are single-minded and only after 1 thing - money.

[I AM ALWAYS LIABLE]

Originally Posted by Ladynred

Oh this unrestrained stereotypcial prejudice by certain parties is ongoing and completely unjustified. Some people still think the southern states are stuck in the civil war era where the population is still wearing coonskin caps and totin' flintlocks.

My response:

I LOVE IT!!

IAAL

[JETX]

Originally Posted by Ladynred

Per the FDCPA, IF a creditor/collector is going to sue you, they must do it in the state where you entered into the agreement, or the state where you live NOW.

Where did you get that?? I don't remember any such requirement in the FDCPA.

In fact, there are at least TWO jurisdictions that a creditor has available to him in a 'normal' debtor trial:
1) The state where the contract was entered into, or
2) If the agreement has a 'venue clause' stating the court of jurisdiction.

However, in a case like this where the debtor has moved, the creditor has the added option of filing where the debtor now resides.
The creditor can choose which of these two or three "SOL's" to use.... whichever benefits him the most.

[jayzad]

Ladynred
Thanks so much for the help
I posted in the past at some other law site, and an attoney from the state of KY replied that the SOL was 15 years. Maybe I was not clear, and they did not understand that the question was about unsecured credit card account, and all payments have been stoped. Could you tell me of a site/link online were I can read more about this, and would have a document that might state this fact.
I know that may not be possible.
Again thanks so much for your direct and prompt response to my question.

[Ladynred]

JetX, maybe you'd better go back and read the FDCPA

ß 811. Legal actions by debt collectors
(a) Any debt collector who brings any legal action on a
debt against any consumer shall;

(1) in the case of an action to enforce an interest in
real property securing the consumerís obligation,
bring such action only in a judicial district or similar
legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph

(1), bring such action only in the judicial district or similar legal entity

(A) in which such consumer signed the contract
sued upon; or
(B) in which such consumer resides at the commencement
of the action.

FDCPA says NOTHING about any venue clause either.

AS for the KY lawyer, its very common for most lawyers to say that a credit card falls under the SOL for written contracts, and its also not unusual for a debt collector to push that. However, according to the Truth in Lending Act, a credit card is NOT a written contract but an 'open-ended' agreement.

You can look up the KY statutes, they're on-line and so is the TILA.

[JETX]

Originally Posted by Ladynred

JetX, maybe you'd better go back and read the FDCPA

I knew of that section... but that isn't what you said. Your post was:
"Per the FDCPA, IF a creditor/collector is going to sue you, they must do it in the state where you entered into the agreement, or the state where you live NOW."
And of course, we all know THAT is not true.

Also, where does it say ANYWHERE in this thread that the 'threatening party' is a debt collector and NOT the original creditor???
The OP said: "At that point in time how long is the SOL for the credit card company to sue for judgment?"

Sorry, but your advice was NOT correct!!