Which state's statute of limitations would I use for debt incurred, where I live or where debt incurred

Note that I am not licensed to practice in your state. You would use the Statute of Limitations for the state where the debt was incurred. In your case, it would be Wisconsin.

Without more information, it is impossible to tell. Credit card agreements normally contain provisions regarding which state's law applies. There is a great deal of litigation right now in Florida regarding the exact issue you ask about. There are a number of consumer law attorneys who are very knolwedgable on this subject. If you check the website of the National Association of Consumer Advocates (NACA). www.naca.net you will find an attorney directory that is searchable by geographical area and then by areas of specialization.

Many credit card agreements have a choice of law provision which provides the state law that applies. If you have been sued by the credit card company you should have an attorney help you determine the applicable SOL. Be sure to choose an attorney that has experience with credit card matters because the application of a foreign state's SOL is not a clear cut matter in county court litigation. If you choose to file your own answer, be sure to state: The Statute of Limitations prevents the plaintiff from recovering any damages. If the person suing you is someone other than the original credit card company, you may also include another line: The plaintiff does not have standing to bring this action.

Many credit card agreements contain a "choice of law" provision, meaning that they pick which state's laws (including their statute of limitations) applies. You would need to see the cardholder agreement (which may be available online) to see which your chose. Brett Weiss [email protected]

I recently completed a three (3) hour hearing on a narrow statute of limitations issue similar to the question you've asked. Even after investing hundreds of hours (over a several year period) researching the law and researching the debt buyer's arguments, I still enounter "creative" legal arguments from the debt buyer that often draw upon my experience and passion for representing my clients. As a NACA member who proudly represents consumers who are being sued on credit card accounts, I agree with Ms. Golant. I can not imagine how a pro se consumer could ever navigate this rat maze against an experienced collection attorney. This is NOT an area to attempt self help. It is critical that you obtain representation before anything is filed with the Court. Important decisions are often made in the initial response. I have declined to represent many consumers who ruined strong defenses because they attempted to represent themselves. (It's not a criticism of these people. Defending credit card actions is more complex than a "small claims" case would lead a person to expect.) Much of the well intentioned advice given on this board could jeopardize or preclude valuable defenses. Self help is usually not necessary either. Suing on a time barred account violates the Fair Debt Collection Practices Act. Also, the debt buyers are often liable for your attorney fees if you win.