How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 13082
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Consumer Protection Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

A collection agency purchased a credit card debt of mine from

Resolved Question:

A collection agency purchased a credit card debt of mine from Bank Of America In February 2012. The contract was signed with B of A in California, the debt occurred in California, and the statute of limitations on that debt in California expired August 3, 2013.

This collection agency dated their summons in Colorado July 27, 2013 (Saturday) one week to the day before the statute of limitations ran out in California. I do now reside in Colorado half the time. I still consider myself a resident of California. However I have a Colorado driver license. Yet I own a home in California and not in Colorado. My husband was sent here on temporary assignment. He lives here full time now, but I don't. On July 27th, I was in California and had been for 5 months. I returned on August 1st, 2013 and was not served the summons until August 22, 2013. The collection Agency officially filed the case with Jefferson County on September 9th, 2013.
More than a month after the statute of limitations ran out in California. Now the state of Colorado has the borrowing statute 13-82-110, CRS 2008. That prohibits this agency from coming after me due to California statute of limitations running out. My question is and I need the answer to be clear and simple to understand, can or does this collection agency have any leverage at all just because the date of July 27, 2013 on their summons? Their summons was not served until August 22, 2013, The case was not filed by them until September 9th, 2013. The collection agency states that Colorado statute of limitations applies. How is that true?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.



A collection agency purchased a credit card debt of mine from Bank Of America In February 2012. The contract was signed with B of A in California, the debt occurred in California, and the statute of limitations on that debt in California expired August 3, 2013.

This collection agency dated their summons in Colorado July 27, 2013 (Saturday) one week to the day before the statute of limitations ran out in California. I do now reside in Colorado half the time. I still consider myself a resident of California. However I have a Colorado driver license. Yet I own a home in California and not in Colorado. My husband was sent here on temporary assignment. He lives here full time now, but I don't. On July 27th, I was in California and had been for 5 months. I returned on August 1st, 2013 and was not served the summons until August 22, 2013. The collection Agency officially filed the case with Jefferson County on September 9th, 2013.
More than a month after the statute of limitations ran out in California. Now the state of Colorado has the borrowing statute 13-82-110, CRS 2008. That prohibits this agency from coming after me due to California statute of limitations running out. My question is and I need the answer to be clear and simple to understand, can or does this collection agency have any leverage at all just because the date of July 27, 2013 on their summons?


Response 1
: No, because what counts is the date the lawsuit was filed with the right Court, which would be the Superior Court in the County that you reside in California.


Their summons was not served until August 22, 2013, The case was not filed by them until September 9th, 2013. The collection agency states that Colorado statute of limitations applies. How is that true?


Response 2: It is not because you are not a resident of Colorado. You are a resident of California, but temporarily staying in Colorado. Also and more importantly, most credit card agreements would provide which state's Statute of Limitations would apply. They would specify the GOVERNING LAW FOR THE CONTRACT. The Statutes of Limitations is always the Limitations period of the State where the consumer signed the contract. However, Courts construe the Statute of Limitations liberally in favor of the consumer. So, if you are both a resident of California and Colorado, the Court would use the Statute of Limitations of the State that is most favorable to you. This would be Statute of Limitations for California.

The debt collector most be forced to produce the original credit card agreement with your signature which provides amongst other things venue for suits relating to the credit card agreement and applicable Statute of Limitations—the GOVERNING LAW FOR THE CONTRACT.


Motion to Dismiss must be filed for lack of jurisdiction and running of Statute of Limitations.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 13082
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions

Chat Now With A Consumer Protection Lawyer
Phillips Esq.
Phillips Esq.
Consumer Protection Lawyer
13082 Satisfied Customers
B.A.; M.B.A.; J.D.