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statute of limitations:TX credit card debt

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povertycentral

Guest
I've lived in Texas over 5 years - but charged up plenty of debt 6 years ago while living in other states, such as OK and NY.

Question - if someone threatens seeking judgement - what is my statue of limitations? Is it regulated by where I live now? (if so, statute is 4 years, right?) or where I lived while using the credit cards... or.. by the state where the credit card was issued? (ie. South Dakota for CitBank, etc)

Thank you for your time.


 


I AM ALWAYS LIABLE

Senior Member
povertycentral said:
I've lived in Texas over 5 years - but charged up plenty of debt 6 years ago while living in other states, such as OK and NY.

Question - if someone threatens seeking judgement - what is my statue of limitations? Is it regulated by where I live now? (if so, statute is 4 years, right?) or where I lived while using the credit cards... or.. by the state where the credit card was issued? (ie. South Dakota for CitBank, etc)

Thank you for your time.


My response:

The Statute of Limitations is in the State to which the card was issued to you. You could have 3 different cards, issued to you in 3 different States. The purchases you made on each card could, theoretically, have 3 different Limitations periods.

For example, you receive a card in Ohio, and make purchases there on that card. Then, you move to California and get another card. You make purchases in California on that new card.

The collections of a debt for purchases you made on the Ohio card in Ohio has a 15 year Statute of Limitations. By contrast, the collections of a debt for purchases you made on the California card in California has a 4 year Statute of Limitations.

If, for example, you used the California card in Nevada, the California Statute of Limitations would take precedent because it was California where the card was issued to you.

IAAL
 
P

povertycentral

Guest
NY credit cards

Thank you... so to clarify - since all cards originated in NY state - what is the NY statute of limitations for credit card debt? 4 years?
 

I AM ALWAYS LIABLE

Senior Member
Re: NY credit cards

povertycentral said:
Thank you... so to clarify - since all cards originated in NY state - what is the NY statute of limitations for credit card debt? 4 years?
My response:

The S.O.L. in New York on written and oral contracts is 6 years from the date the debt was incurred, or 6 years from the date of last payment, whichever is later.

IAAL
 

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