Legal Question in Credit and Debt Law in Pennsylvania

I don't understand your question. You cannot just pick a state statute of limitations because you feel like it. The statute of limitations is going to be either (a) the statute of limitations where you reside; or (b) the statute of limitations of the state in which you opened the account, whichever is longer.

Assuming the debt was created in PA and you reside in PA, the PA statute of limitations is 4 years. The 4 years begins to run from the date of your last payment of any kind on the account.

Why are you trying to use South Dakota and Delaware law unless you lived in either of those places when the debt was created? Just because the credit card companies are located there does not mean that you can use those statutes. South Dakota is especially puzzling as the sattute of limitations appears to be 6 years - which means that the creditor/collector has 6 years in which to sue. So its longer. Longer is bad.

Statutes of limitation are defenses that are used in court. You only have this available if you are sued. The defenses, if you have them, are raised in an answer and new matter.

An answer and new matter is a legal document and should be drafted by an attorney. If you are not sued, then the statute is irrelevant. As one creditor told me, "we don't have to abide by the statute of limitations and we can still collect the debt." I told them that's right and my client has an equal right not to pay!

Creditors, debt collectors and junk debt buyers are free to collect debts that are barred by the statute of limitations until you die. If you get a collection letter trying to collect on a debt that is barred, then you write to the collector and dispute the debt on the ground that it is barred by the statute of limitations and ask the collector not to bother you anymore about the debt. There is not a damn thing the collector can do in such case.

However, even though a debt is barred by the statute of limitations, it may still be reported on your credit report. Debts can generally stay on your report 7 years from the time that the debt is charged off or first sent for collection. Generally, that is about 7 1/2 years after you made your last payment.