When does Statue of Limitation starts on credit card debt?

Asked over 1 year ago - 19850

I am confused on all the different answer about SOL
For example if:
9/22 last payment
10/3 last purchase also the last activity on the account
10/29 due date (no payment made and delinquent fee charged)

When does SOL start?
1. The date of last payment made to the account?
2. The date of last activity on the account?
3. The due date in the billing cycle which the account holder failed to make payment
If, for example, a payment is due on 10/29 and it does not arrive by that date, the statute of limitations clock starts running on 10/30?

Attorney answers (3)

  1. Anthony J. Pietrafesa

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . To be safe, assume the last date. You didn't ask about which SOL to apply, but if it is a credit card, look to the state where the card issuer is headquartered. Discover FIA and Chase are in Delaware, whichis a 3 year SOL ( subject to some state laws), Target and Citi are in SD, which is 6. This is for starters: other factors may affect the SOL

  2. Mark Hankins

    Contributor Level 17

    2

    Lawyers agree

    Answered . In a lot of jurisdictions, the statute would begin to run 30 days after the last payment that brought the account current. So based on your scenario it would be 10/22 or so. The 10/29 date is also a good candidate. It all depends on the language of your state's statute and the interpretation that your state's court system has put on it.

  3. Renee Mayerson Cannella

    Contributor Level 13

    Answered . It Would Be The Date Of Last Activity By You On The Account, Whether That Be A Payment Or A Purchase. I Would Argue That The Sol Which Will Apply Is That Of The State Where You Live When Collection Is Being Pursued.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more

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