Legal Question in Credit and Debt Law in Georgia
statue of limitations
My credit card debt was incurred in Florida. I now live is GA. What state do I go by as far as the statue of limitations? And how long is the statue of limitations? All my debts are credit cars, one voluntary repo on a car, and one judgement on a home. All my debts are over 6 years old.
1 Answer from Attorneys
Re: statue of limitations
Probably neither. Very few credit card operations are based in Georgia or Florida. Most agreements are covered by the law in the agreement. For example, if they use Ohio, the limit is 15 years. At least 10 states are 10 years or more, and many credit card companies choose those in their agreements, and even amend agreements to move to certain states. It is often NOT the state where you mail payment.
Additionally, note that in some cases the statute may only date to the last unpaid statement, or your last payment. And if a contract is under "seal" in some states (look for the words "witness my hand and seal") in some states the statute is longer.
Any debt collector that threatens to sue you over a debt that is beyond the statute of limitations in your state is in violation of the Fair Debt Collection Practices Act.
It sounds like you might need a bankruptcy. Visit www.glenashman.com for information