The Frugal Creditnista

I’m being sued for a card I had in NY, I’m now in VA; which Statute of Limitations Apply?

Q:  I moved to Virginia from New York and had a credit card go into collection.  They are trying to sue me now, but since Virginia is a 3 year state as far as statute of limitations, can they still come after me?  The card is with Citi Bank.

A:  Well… you could use that defense, however 2 things may happen:

1.  The attorney will argue that the state where the debt occurred has more precedence; meaning NY which has a 6yr statute of limitation.

2.  If the attorney has the original contract, the contract will state which state's statutes apply (by signing and utilizing the card you agreed), in Citi's case their contract state is South Dakota, which is 6 years as well.  Written contract is supreme, so more than likely this will apply.

The real issue is that this is a collection agency, since they are now suing you I'm assuming you never sent them a validation letter to dispute the debt.  What you must do now is answer the summons.  Look over any instructions that may be attached from the courthouse explaining what you must do to answer (respond) and how long you have to do this.  You also want to know why they are specifically suing you because you need to reply to each and every reason they provided; admitting or denying each allegation.  I can think of over 20 responses you can give but it really depends on the reasons they give for suing you and any supporting documentation that was submitted by the collection agency.

If you are unsure about how to do this, contact legal aid or a consumer rights attorney for a free consultation.  I personally have always had success filing a Request for Production, which is basically asking for an original contract, receipts of all transactions, etc.  You'll send this to both the judge and the attorney representing the collection agency. Google is your friend for education and preparation only; there are several forums on how people beat various collection agencies in court with tips for others to utilize as well.  Nothing beats professional legal assistance though.

Wish you the best 🙂

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