How Long is Credit Card Debt Valid and Collectable
Join Date Jul 2010 Posts 54
Re: Is 8yo Credit Card Debt Valid if Left Area
The SOL in Hawaii is 6 years. The SOL in Illinois is 10 years. The SOL has run in Hawaii but not in Illinois. Courts will apply the SOL of the state in which you're being sued. So if you're sued in Hawaii, the court will apply Hawaii's SOL. But some states have borrowing statutes to prevent parties from shopping around for favorable SOLs. If Hawaii has one of these borrowing statutes, the court may decide to borrow Illinois' longer SOL.
Creditors can sue you in the state
in which you reside, or at the last known address they have on file for you. It would probably be beneficial to you if they knew that you had moved to Hawaii. This will prevent them from getting a default judgment against you in Illinois after they serve you by publication. All of this is speculative but it could happen.
Keep in mind they will almost certainly find your new address once you update it with the post office or apply for a new line of credit and your new address hits your credit report. But that's okay, because you want them to know that you're in Hawaii so that they don't try and sue you in Illinois.