Which sol applies Michigan or Florida?

by Mindy
(Florida)

If we had a debt in the state of Michigan (furniture store debt) debt occurred about 5 1/2 years ago and we now have lived in Florida for over 2 years now which statue of limitations applies? They (debt collector claims to be an attorney) just called my husband at work the other day. We have not agreed to pay any money...

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Oct 13, 2010
Venue for debt collection
by: Mindy

Here's what the Fair Debt Collection Practices Act says:

ยง 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.

According to my sources, the statute of limitations for most consumer debts in Michigan is six years, and in Florida it is 4-5 years (depending on the debt).

I think it would be a good idea for you to clarify the statute of limitations here before you decide how to handle this. You can talk with a consumer law attorney with experience in debt collection cases. Learn how to get low cost or FREE legal help with your debt collection problem here.

We hope this helps!

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