Yes, definitely the credit card agreement. See if it has separate provisions or not.

Debt was in Texas (4 years), live in Missouri now SOL is 5 years. Last payment was 10/2008. While this is 5 years, do they have until October to sue me?

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Yes, definitely the credit card agreement. See if it has separate provisions or not. But, I don’t think there’s anything to worry. The court will apply the limitation period of the state where you lived previously, to determine whether the lawsuit has been timely filed.

You’re right - the 2008 economic downturn has hit us hard, at least most of us.

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Thnaks for the info.  I do realize they can still sue me,because this 3rd party debt collector is doing just that.  I just wanted to get clarification on which SOL applied.  I did read up on "borrowing statute" which is a good thing.  When you say "the agreement" do you mean the credit card agreement?  I suppose I can find it online, since it has been so  long since I even used this card, and because of the 2008 downturn in the economy(this is why the card went into default in the first place)y, we have had to travel and live in 3 different states to find contract work..so things have been lost.  We will NEVER recover to where we once were, but things were looking better until this.

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Usually the SOL follows the state in which the debt originated. Missouri has a ‘borrowing statute’ as well. Go through the agreement thoroughly, to be sure.

Moreover, you should keep in mind that a SOL expiry doesn’t necessarily mean that they can’t sue you.


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