Legal Question in Credit and Debt Law in Indiana

I have been contacted by a collection agency regarding a credit card debt. The "Card Member Agreement" clearly states, "Governing Law - This Agreement is governed by applicable federal law and by Delaware law." Delaware Statute of Limitations for open-ended debt is 3 years. I have had no contact or payments made to them for 4 years. However, my state's SoL is 6 years. Since the cardmember agreement states they follow Delaware law, does that mean this is time barred? I've seen many different answers to this, but none of them stated specifically what this particular cardmember agreement spells out. Thanks!


Asked on 2/21/13, 9:27 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

The limitation of time on your debt is most likely governed by the state in which you reside.

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Answered on 2/25/13, 1:29 pm


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