Legal Question in Credit and Debt Law in North Carolina
Which state's Statute of Limitations apply here?
Recently I received a letter from a law firm, (on behalf of a collection agency, on behalf of a credit card company) attempting to collect a sum that according to the information provided in their letter had last been paid upon in July of 98.
Since so much time has passed since any payments were made on that account, I suspect that the Statute of Limitations may have expired.
The credit card contract was signed in North Carolina (where I resided at that time). In 98 I moved to Illinois (where I reside currently). I am unsure which state the last payment was sent from.
Which state's Statute of Limitations laws apply; the state where I originally entered into the credit card contract and acquired the debt (NC) or the state I currently reside and 'may' have made the last payment in (IL) ?
2 Answers from Attorneys
Re: Which state's Statute of Limitations apply here?
This is hard to say. Statutes of limitation may be based on many factors. For example, the contract between the parties may state that Delaware law applies. Then the court where the action is brought has to resolve a conflict of laws question. But in general, the court where the lawsuit is filed will have to resolve conflict of laws questions based on the "choice of law" rules adopted by that state. The modern result is that the court which hears the matter applies the "governmental interest analysis test" to determine whether to apply its own laws or the laws of some other state. And if the contract provides for some particular law to be applied, that law, in all likelihood will be applied. In absence of further information, I would say that the law which applied to the making of the contract will govern the statute of limitation in your case.
Re: Which state's Statute of Limitations apply here?
The original credit card agreement will determine which law applies. At any rate, in Illinois a written contract has a ten year statute of limitations. Sounds like you're probably out of luck.
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