Check Customer Agreement for Choice of Law to Determine Statute of Limitations

If you are being sued and were provided with a customer agreement attached to the lawsuit, look carefully and see what state law was chosen to govern the agreement.

You will be surprised that most credit card agreement’s chosen law have a shorter statute of limitations period than the state where you reside.

Of course if the one in the agreement has a shorter statute of limitations period than where you live, you will want to further this by checking to see if your state allows the state’s law governing the contract to prevail.

When a debt buyer chooses to use the longer state statute of limitations, they have to prove the agreement that specifies that state’s law. This means that they provided you with an agreement that has another state’s law governing the contract and it has a longer statute of limitations period than where you live.

The older the debt, the less likely the customer agreement will even be evidenced. However, this can help people who have been given the customer agreement with their Complaint and it has a shorter statute of limitations.

Now do some digging and check and see if your state will apply the state’s law provided in the contract. Look up your state’s chosen law and take it from there.