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SOL regarding dual states

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SinkingFast

Junior Member
What is the name of your state? Missouri

Does anyone have info concerning the SOL when the accounts were opened in another state (NC) and were last paid on in that state? I'm not certain if the debtor was still in that state when the accounts were charged off (possibly a split; some yes, some no). The debtor now lives in MO. The SOL between NC and MO is large: NC is 3/3/5 and MO is 5/5/10. The only info I've found so far says that a creditor can apply the rules for the state the debtor is currently living in if those limitations are longer, at their discretion (as though they wouldn't!).

Thanks for any help.
SF
 
Last edited:


SinkingFast

Junior Member
And the answer to my question is:

§ 811. Legal actions by debt collectors [15 USC 1692i]


(a) Any debt collector who brings any legal action on a debt against any consumer shall --


(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or


(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --


(A) in which such consumer signed the contract sued upon; or


(B) in which such consumer resides at the commencement of the action. :mad:


(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.
 

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