Statue of Limitations for collector to sue

[rb041886]

What is the name of your state (only U.S. law)? Indiana

Hi, I live in Indiana now, since 2013. Previously I lived in Florida. I am being sued now by a collection agency for a credit card debt that was opened in Florida and the last payment was made when I still lived in Florida. Which states Statue of Limitations is the ruling one in my situation?

 

[Taxing Matters]

What is the name of your state (only U.S. law)? Indiana

Hi, I live in Indiana now, since 2013. Previously I lived in Florida. I am being sued now by a collection agency for a credit card debt that was opened in Florida and the last payment was made when I still lived in Florida. Which states Statue of Limitations is the ruling one in my situation?

I assume that you are being sued in Indiana. The basic rule that applies in the U.S. is that the statute of limitations (SOL) that applies is the one for the state in which the lawsuit was filed. A number of states do have what are known as “borrowing statutes” that will apply another state’s SOL in certain situations. Unfortunately, it appears that Indiana only has a very limited borrowing statute (IC 34-11-4-2) that does not help you since you are a resident of the state. Thus, so far as I can see, you are stuck with the Indiana SOL, and that state has a ten year SOL for written contracts.

 

[adjusterjack]

Thus, so far as I can see, you are stuck with the Indiana SOL, and that state has a ten year SOL for written contracts.

The ten year SOL is for written contracts not involving the payment of money.

IC 34-11-2-11 Written contract actions
Sec. 11. An action upon contracts in writing other than those for the payment of money, and including all mortgages other than chattel mortgages, deeds of trust, judgments of courts of record, and for the recovery of the possession of real estate, must be commenced within ten (10) years after the cause of action accrues.

IC 34-11-2-9 Promissory notes, bills of exchange, or written contracts for payment of money
Sec. 9. An action upon promissory notes, bills of exchange, or other written contracts for the payment of money executed after August 31, 1982, must be commenced within six (6) years after the cause of action accrues.

It's 6 years for the credit card debt.

If the default occurred in 2013, or even late 2012, the lawsuit would still be timely even within the Florida 5 year SOL and certainly within the Indiana 6 year SOL.