Legal Question in Credit and Debt Law in Indiana

I am being sued by a third party debt collection agency. However I suspect that the SOL has run out per the 2008 credit card agreement. My dilemma is that I can not locate and agreement for that year. The agreement that I did find is for 2013 and says the following- 29). GOVERNING LAW: This Agreement is governed by and interpreted in accordance with the laws applicable to national banks, and, where no such laws apply, by the laws of the State of Nevada, excluding the conflicts of law provisions thereof, regardless of your state of residence. I am trying to make sense of this statement.

A) Is this statement saying that Nevada is the state that determines SOL regardless of where I live now.

B)Can this user agreement be used although my account was said to have been opened in 2008?


Asked on 10/30/13, 6:18 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

(A) yes;

(B) the agreement that pertains is the one in effect when you were using the card, most likely the 2008 agreement.

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Answered on 10/30/13, 1:24 pm


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