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Does the statute of limitations on debt collection apply to the creditor or to the debtor?

Sevierville, TN |

If the creditor is based in Delaware with a statute of limitations of 3 years and the debtor resides in Tennessee with a statute of limitations of 6 years, which SOL is used if a lawsuit is brought against the debtor?

Attorney Answers 3

  1. Best answer

    I suggest that you pose your question to a Tennessee attorney. Generally, a statute of limitations is based on the state where the court action is brought (which I assume will be where you are in Tennessee).

    Determining issues regarding the statute of limitations can be very complex, which is why you should consult an attorney licensed in your state. There can be issues such as:

    1) when the statute began to run,
    2) which particular statute of limitation applies (based on the legal theory selected by the creditor),
    3) whether the limitation period has been extended (tolled),
    4) what event (or combination of events) satisfy the statute of limitation, and
    5) whether you can take advantage of a "borrowing statute" to apply a shorter limitation period.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

  2. The SOL where the Debtor lives usually applies, unless the contract states otherwise. Hope this perspective helps!

  3. As Ms. Bunce indicated, the contract may require that Delaware law be applied. Look in the choice of law section, but also be aware that this point may be covered elsewhere in the document such as in the default and remedies sections.

    These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.

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