Re: Just a note on SoL's
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by whychat
(151.205.69.193) on March 06, 2003 at 12:11:52:
In Reply to: Re: Just a note on SoL's posted by WHY CHAT on March 05, 2003 at 21:26:56:
Your one rude SOB. I try to shed some info on something that I see a lot of people taking for granted, and you hurl the insults. Do you know what Narcissisitc Personality Disorder is? You might have it... You didn't even comprehend a word of what I was saying, did you? The FDCPA says nothing about SOL's. The FDCPA says nothing about choice of law rules. Plus, the FDCPA only applies to debt collectors, not OCs. My comment was on determing what the SOL would be in a given suit. Not WHERE the suit could be brought. Just because a suit is in a court in one state does not necessarily mean that state's sol will apply. THAT WAS WHAT I WAS SAYING. The FDCPA has nothing whatsoever to do with this. Nor does the FDCPA create or destroy the right to sue on a debt. And it does not alter the fact that state law will determine the outcome of the suit. If you live in CA and open an account on a CC with Discover there, make some charges, then move to Oregon. In Oregon you make some more charges and eventually default on the account. You then move to Washington. Discover assigns the account to a CA. Can the CA sue you in California? Maybe. Venue would be proper under the FDCPA, but jurisdiction might not conform with constitutional due process requirements, either the US or Cal constitutions. (If Cal long arm statute is very tight, it might not grant the Cal courts jursidiction, and no act of Congress including the FDCPA can give a state court jurisdiction when the state legislature has taken it away.) Can they sue in Oregon? Venue would be improper under the FDCPA. Jurisdiction might be, again based on Oregon long arm statute and consitutional requirements. Case would likely be dismissed or transferred though. Say they bring suit in Washington. Venue and jurisdiction are proper. But what law will govern the cause of action? Washingtons? Cals? Oregons? The cause of action arose in Oregon. The underlying agreement was entered in Cal. The suit is in Washington. Which substantive law applies? (i.e. the states might have differing elements for an action on a debt, which might be provable under one state's laws but not the others) Which SOL applies? Washington procedural laws will apply, but those procedural laws might call for the appliation of a different state's SOL. Again, this has nothing to do with the FDCPA. FDCPA has no SOL provision, no choice of law provision, nothing. Just because I might have shattered your simplistic view of SOLs doesn't mean you have to be an ass. Take what I'm telling you and do your own research if you don't buy it. Or consult an attorney. Or go to law school and pass a bar exam.
Follow Ups:
Post a Followup
|
