What is the SOL of limitations on credit card debt in Arkansas?

Asked over 4 years ago - Sacramento, CA

Well , I have alot of credit card debt, My question is I used to live in california, were orginally got my credit cards, about 90% were paid down, Then I moved to Arkansas, and in this state is were I ran the balances up!. I used a debt settlement company for about six months, and couldn't keep up with the payments to them, So they never settle any of my debts. I was was getting my first 30 day notices in July of 2008, but I quit paying the debt settlement company in December 2008 ,So now I am living back in california, and want to know for the SOL limitations, I'm I liable for the debt in Arkansas for 3 years where the charges occurred, or 4 years in California where I live?

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . The "forum selection" or "governing law" clause of your credit card agreement governs which state's laws apply, and it's probably based on where you lived when you applied for the card.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Mark Hankins

    Contributor Level 16

    Answered . When you move from state to state you potentially involve laws that "toll" the statute of limitations, and also conflicts of law provisions in state statutes that sometimes "borrow" the other state's statute of limitations or even "reverse borrowing" statutes that apply the statute of limitations of the state you're living in because the other state's statute of limitations is too long or too short. Meanwhile there are choice-of-law provisions in credit card agreements that may or may not cause the statute of limitations of some third state to be invoked (or not) ... it depends on whether your state views statutes of limitations as "substantive" law or "procedural" law.

    It can make even the best attorney (or the most incisively-witted judge) really, really confused. You can read my book for free to start untangling some of this.

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