Legal Question in Credit and Debt Law in Alaska
Statue of limitations
I have a summons for a credit card, but I lived in Alaska when I had the card. My last payment was in May 2004 and I left Alaska in july of 2007, I read that Alaska's SOL is 3 years. I am in Massachusetts now and getting the summons locally. The SOL is good?
2 Answers from Attorneys
Re: Statue of limitations
Pursuant to the Fair Debt Collection Practices Act, a debt collector must bring an action either where the consumer resides or where the consumer signed the contract. The jurisdiction where the action is brought determines the statute of limitations, with some exceptions. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation;)
Re: Statue of limitations
Attorney Tatoian is absolutely correct.
However, I believe a novel legal argument could be made that because the cause of action accrued in Alaska, your debt was governed by the Alaskan statute of limitations, and became extinguished in June of 2007 - BEFORE you left Alaska.
I have been successful in helping clients fight credit card companies all over Massachusetts. You don't want to lose on a technicality, and you must answer the complaint effectively within 20 days or the plaintiff will win automatically.
Please give me a call if you would like to talk.
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