How to decide the state in which a credit-card dispute is calculated

How to decide the state in which a credit-card dispute is calculated or administered? (thus the Statutory of Limitation, etc)

(1) the customer (our) home state, (2) the credit card’s home state, or (3) any arbitration mentions in the agreement?

My understanding is that it automatically falls within the jurisdiction of our state where we live in, ’cause the credit card company has agreed to do business in our home state by soliciting us with its product.

But after reading this kind of experience, now I am wondering if I am right!?

They can’t legally sue you if the debt is passed your state’s SOL. Very few states have a 6 year SOL, so hopefully you are not living in one of those few. If you are not, answer the lawsuit with the time barred defense and the case will more than likely be dropped. This is exactly what I have tried to do for the last 6 years.

Actually I live in PA….so it looks like the SOL is 4 to 6 years, but I’m not sure when they start the clock??? THANK YOU to all that replied!!!

Did MBNA ever turn your debt over to a collection agency?

My question is, did MBNA ever turn your debt over to a collection agency? I thought most creditors did after a certain length of time and then when that happens they can no longer sue. Or am I wrong? Next, can collection agencies sue?

I received papers from a collection agency but have been writing letters and fighting it as they were not the original creditor.

Collection agencies can sue. I’m the perfect example. I had a problem with Bally’s Gym (long story) and my case was sent to Wolpoff & Abramson, combo lawyers/collection agency and they have since sued, won a judgement and now trying to collect. Here is a little article on how this agencies “sueing” processes work:

“First, one false rumor is that Wolpoff & Abramson (W&A) own the National Arbitration Forum (NAF); that is FALSE! They are the single largest supplier of claims to the NAF and at $ 250.00/per claim, itÂ’s easy to see why they win approximately 95-98% of all claims filed. This is further bolstered by the fact that NAF pays their arbitrators (attorneys, retired judges) a fee of $250/hour to handle claims. The rules state they must handle six claims per hour for this $250, so you can understand that any claimant would be lucky for even a cursory review of documents.”

They sent me a letter saying they were going to sue. Then I received no other letters except the final one notarized saying that a judgment had been made against me and that I owe so much money.

I happen to be in a non-garnishing state (Texas), but that doesn’t mean they can’t garnish your bank account if they have the account numbers!! I’ve always only paid with a “money order”.

Good reminder to everyone when paying any collection agency!!!