I moved to a different state and now I have a debt collector trying to collect on a debt from California and I now live in Rhode Island. I've been told the SOL is valid where the debt was incurred wondering if this is correct?
1 Answer from Attorneys
Applicability of a statute of limitations is not always easy to determine, but the first step is to obtain and read the credit card agreement. The agreement may specify a choice of applicable law, which arguably then may determine the applicable statute of limitations.
Bottom line: you may wish to dispute the debt in writing unless/until you are given a copy of the cardholder agreement and copies of any charge slips or entries. But do not make any payment, since a payment may arguably restart the limitations period.
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Scott Summer, Staff General Counsel
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