Legal Question in Credit and Debt Law in Pennsylvania

In regards to a creditor Capital One Bank; There primary headquarters are based in another state, were statue of limitations is less than that of Pennsylvania. Would their statue of limitations apply to a debt; or would the state in which the debtor resided apply? I read about case in which defandant, who resided in Florida, used the SOL as a defense against Capital One bank because all decisions were made in regards to the debt, in the State Virginia, were the headquarters was based


Asked on 11/09/11, 9:51 am

2 Answers from Attorneys

No, the statute of limitations generally which applies is: (1) the statute of limitations where the debtor now resides at the time of a lawsuit on the debt; or (2) the statute of limitations which applied at the time the credit card was taken out in whatever state the debtor resided in at the time, whichever is longer.

The state of incorporation or heaquarters of the company (here Capital One which is in Virginia) is not relevant.

I don't know what you read and I don't know what the circumstances were in that case so I cannot comment on it. However, I am not sure what Florida or Virginia law has to do with you. There are tons of PA cases that interpret the PA statute of limitations and unless the case had a direct bearing on your circumstances, it might be persuasive authority but it is not binding precedent when it comes to PA law.

From, experience, I can tell you that Capital One does not care about the statute of limitations from the perspective of trying to collect on a credit card or other unsecured debt. The statute of limitations does not mean that a debt goes away or is no longer owed. It is only a legal defense which can be asserted in a court of law if Capital One sues the debtor. If the statute has expired, Capital One may still try and collect the debt. That does meant that one must pay on a debt where the statute has expired. In fact, doing so has serious risks, as a partial payment may revive the statute of limitations. If you are considering paying on a debt that is or might be barred by the statute of limitations, then please talk to me or some other lawyer first.

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Answered on 11/09/11, 10:06 am

PS - What I advised is correct. I don't know about Florida law, but it appears that Capital One sued debtors in the Florida courts. The debtors had a copy of their credit card agreement which contained a choice of law clause indicating that the agreements were to be interpreted according to Virginia law. Because Virginia's statute of limitations (3 years) is shorter than Florida's statute of limitations (5 years), I assume that the courts dismissed the actions.

Whether this argument will prevail in PA is a different question. As I indicated, Florida law is not binding in PA and it will be up to the PA courts as to whether they wish to accept or reject it.

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Answered on 11/09/11, 10:31 am


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