The company will want to sue in its own state (South Dakota) because the Statute of Limitations on CC debt there is six years, where in my state (Texas) it is four years. So what is the legal precedent here? If this CC company sued me, would it take place in SD or Texas?
Note: I never signed a credit card application, less yet any document that specifies the location of a potential suit.
2006-08-25 06:13:57 · 8 answers · asked by newtobigd78 4 in Business & Finance ➔ Personal Finance
Your state your county. I see people get sued by their credit card companies and the suit is filed in the county they live.
2006-08-25 06:18:57 · answer #1 · answered by Anonymous · 1⤊ 0⤋
From my own experience they should do it in your home county. You can always send a letter to that court requesting a change of venue if they tried to sue in South Dakota. I filed bankruptcy then and that stop it cold in it's tracks that was about 4 years ago before the laws changed.
2006-08-25 08:16:20 · answer #2 · answered by webworm90 4 · 0⤊ 0⤋
Generally they won't sue you anywhere as long as you are making the minimum payments you agreed to.
If you used the card you are bound by the rules of the card regardless, and most of them have a rule that "In case of a lawsuit, the laws of the state of ______ will prevail."
2015-08-21 08:04:37 · answer #3 · answered by oklatom 7 · 1⤊ 0⤋
It will take place where ever they file the suit. Generally, that can be anywhere they have a place of business, wherever the transactions in question took place, or where you are located.
However, civil judgements don't generally cross state lines, so they would probably want to file it where you live.
2006-08-25 06:21:54 · answer #4 · answered by lenny 7 · 0⤊ 1⤋
Your state.
2006-08-25 06:20:33 · answer #5 · answered by dionne m 5 · 2⤊ 0⤋
To my understanding, they have to sue in the state where the "crime" took place. That would be Texas. I mean, if they garnish your wages, they won't make you come work in S. Dakota to recoup their losses, right?
2006-08-25 06:20:55 · answer #6 · answered by Anonymous · 2⤊ 0⤋
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2006-08-25 16:42:34 · answer #7 · answered by Anonymous · 1⤊ 1⤋
it will be in SD
2006-08-25 06:19:16 · answer #8 · answered by ever_curious 3 · 0⤊ 3⤋