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Collections Law/which state law applies?


I moved to Montana a year and a half ago after living in Florida for 25 years. About 10 years ago I got a credit card from Barclays Bank (Delaware) which I eventually maxed out and was unable to continue paying on due to difficult financial circumstances. The last payment (or activity of any kind) on this account was made in early 2012, so 4 years ago.

I know that some creditors state in their credit agreement which state's laws apply and that it may be the state in which the credit card is located (in this case Delaware), however if they were to be able to apply either their state or my state's laws, which one would apply?

I ask because the statue of limitations until a debt is time barred is 3 years longer in Montana (8 years) than in Florida (5 years). Since I established the card while a FL resident and all activity on the account occurred during my time in FL would that prevent them from applying MT's 8 year statue since I only moved here 2+ years after the account had been charged off?

What are the odds they could still sue me? Recently I got something from Midland Funding (referencing my Barclays card) saying they MAY consider sending my account to a lawyer.


First let me apologize for taking so long to get back to you on this question Bethany. There was a mix up with my email and I didn't receive the first notification. I usually answer the same day.

In order to properly answer your question, I would need to see the contract that created the debt.  Usually, the jurisdiction is determined by the state in which the debt was created.

As to your question about being sued or not, these debts are usually sold to debt collection attorneys  (the bottom feeders of the collection industry) who will do whatever necessary to collect the debt which would include suing you. There are many factors that they will consider such as how much real property you might own or other liquid assets you might have.

I would suggest you have an attorney look over your contact and see what they think can be done. I do not want to make recommendations when I cannot see the contract.

I wish you the best in the resolution of this matter.

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Ray A Miller


I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.


I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

ACA International

Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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