Which state's statute of limitations apply?

My husband and I lived in CA for 20 years. Last Spring, we moved to IN. With respect to statutes of limitations on debt collection, which state's statutes apply ... those of the state in which we lived when we incurred the debt, or the state in which the creditor is based, or the state in which we now reside? Many thanks ...

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Feb 09, 2010
 Which state statute of limitations
by: Gerri

Thanks for submitting your debt collection question on our Q&A page.

I assume you have not been sued yet, and are wondering what might happen if you can't/don't pay it. (If you have been served with a summons, however, then it is essential that you talk with an attorney.
bankruptcy attorney right away.)


Mary and I have talked to a couple of attorneys on this issue, and have heard somewhat different opinions. One attorney in Texas told us that if you had incurred the debt there, then moved out of state, the statute of limitations in Texas would apply. He also told us that the statute of limitations would be put on hold while you were out of the state, and if you moved back, could resume!

Another attorney said that the collector could attempt to sue either in California (following the California statute of limitations - generally four years), or in Indiana, under their statute of limitations (generally six years according to our resources).

I don't know how much you owe, the status of the debt, etc. But I would recommend that you at least read the first chapter of our ebook
which is posted online for you to read for free so you get at least a general understanding of your rights when it comes to dealing with debt collectors.

If you want to share a little more about your situation, perhaps we can help point you in the right direction.

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