Legal Question in Credit and Debt Law in California

Which State does ''Statute of Limitation'' apply?

I defaulted on a car loan back in 2001/02. I live in CA. Statute to collect here in CA is 4 years.

I was recently contacted by a collection agency in New York, that says they have no statue of limitations (lie, it's 6 yrs)

So what I want to know is which State does the Statute of Limitation apply?


Asked on 10/01/07, 2:07 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Which State does ''Statute of Limitation'' apply?

Take a look at your loan agreement. It will usually say on the back in fine print what state's laws apply.

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Answered on 10/01/07, 2:09 pm
Larry Rothman Larry Rothman & Associates

Re: Which State does ''Statute of Limitation'' apply?

We would have to see the contract if a venue (or state location) exists for a lawsuit. That clause may or may not be valid. We would have to review the collection sent to you. There may also be a Fair Debt Collection Act violation if the agency is threatneing a lawsuit on a debt that is passed the statute of limitations.

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Answered on 10/05/07, 9:38 am


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