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Debt
Statute of Limitations
The statute
of limitations for collecting a debt is the period of time that a creditor,
lender or collection agency can use legal means to order you to repay a debt.
The time period starts on the account�s last date of activity and
varies by state. But keep in mind this can be different from the date the
account went past due. Your credit report will include the account's last date
of activity. As mentioned earlier, even if the statute of limitations has
expired some debt collectors will continue to attempt to collect, hoping you
don't know about the statute of limitations and you'll repay if they threaten
you enough. They may even file a lawsuit against you. If you are certain the
statute of limitations has expired, you can use that fact as justification
that you do not have to repay the debt.
WARNING: Be
careful not to restart the statute of limitations. Anytime you take an action
with an account, the statute of limitations is restarted. Actions such as
making a payment, making a promise of payment, entering a repayment agreement,
or making a charge using the account can restart the statute of limitations.
When the clock restarts, it restarts at zero, regardless of how much time had
passed before the activity.
Here are the
debt statutes of limitations for each state:
Debt Collection Statute Of
Limitation by State
|
State
|
Oral
|
Written
|
Promissory
|
Open-Ended
|
|
AL
|
6 years
|
6 years
|
6 years
|
3 years
|
|
AR
|
5 years
|
5 years
|
5 years
|
3 years
|
|
AK
|
6 years
|
6 years
|
3 years
|
3 years
|
|
AZ
|
3 years
|
6 years
|
6 years
|
3 years
|
|
CA
|
2 years
|
4 years
|
4 years
|
4 years
|
|
CO
|
6 years
|
6 years
|
6 years
|
3 years
|
|
CT
|
3 years
|
6 years
|
6 years
|
3 years
|
|
DE
|
3 years
|
3 years
|
3 years
|
4 years
|
|
DC
|
3 years
|
3 years
|
3 years
|
3 years
|
|
FL
|
4 years
|
5 years
|
5 years
|
4 years
|
|
GA
|
4 years
|
6 years
|
6 years
|
6 years **
|
|
HI
|
6 years
|
6 years
|
6 years
|
6 years
|
|
IA
|
5 years
|
10 years
|
5 years
|
5 years
|
|
ID
|
4 years
|
5 years
|
5 years
|
4 years
|
|
IL
|
5 years
|
10 years
|
10 years
|
5 years
|
|
IN
|
6 years
|
10 years
|
10 years
|
6 years
|
|
KS
|
3 years
|
6 years
|
5 years
|
3 years
|
|
KY
|
5 years
|
15 years
|
15 years
|
5 years
|
|
LA
|
10 years
|
10 years
|
10 years
|
3 years
|
|
ME
|
6 years
|
6 years
|
6 years
|
6 years
|
|
MD
|
3 years
|
3 years
|
6 years
|
3 years
|
|
MA
|
6 years
|
6 years
|
6 years
|
6 years
|
|
MI
|
6 years
|
6 years
|
6 years
|
6 years
|
|
MN
|
6 years
|
6 years
|
6 years
|
6 years
|
|
MS
|
3 years
|
3 years
|
3 years
|
3 years
|
|
MO
|
5 years
|
10 years
|
10 years
|
5 years
|
|
MT
|
3 years
|
8 years
|
8 years
|
5 years
|
|
NC
|
3 years
|
3 years
|
5 years
|
3 years
|
|
ND
|
6 years
|
6 years
|
6 years
|
6 years
|
|
NE
|
4 years
|
5 years
|
5 years
|
4 years
|
|
NH
|
3 years
|
3 years
|
6 years
|
3 years
|
|
NJ
|
6 years
|
6 years
|
6 years
|
3 years
|
|
NM
|
4 years
|
6 years
|
6 years
|
4 years
|
|
NV
|
4 years
|
6 years
|
3 years
|
4 years
|
|
NY
|
6 years
|
6 years
|
6 years
|
6 years
|
|
OH
|
6 years
|
15 years
|
15 years
|
6 years
|
|
OK
|
3 years
|
5 years
|
5 years
|
3 years
|
|
OR
|
6 years
|
6 years
|
6 years
|
6 years
|
|
PA
|
4 years
|
4 years
|
4 years
|
4 years
|
|
RI
|
10 years
|
5 years
|
6 years
|
4 years
|
|
SC
|
3 years
|
3 years
|
3 years
|
3 years
|
|
SD
|
6 years
|
6 years
|
6 years
|
6 years
|
|
TN
|
6 years
|
6 years
|
6 years
|
3 years
|
|
TX
|
4 years
|
4 years
|
4 years
|
4 years
|
|
UT
|
4 years
|
6 years
|
6 years
|
4 years
|
|
VA
|
3 years
|
5 years
|
6 years
|
3 years
|
|
VT
|
6 years
|
6 years
|
5 years
|
3 years
|
|
WA
|
3 years
|
6 years
|
6 years
|
3 years
|
|
WI
|
6 years
|
6 years
|
10 years
|
6 years
|
|
WV
|
5 years
|
10 years
|
6 years
|
5 years
|
|
WY
|
8 years
|
10 years
|
10 years
|
8 years
|
FOOTNOTES:
Check your
state for changes; updates, to the statute of limitations on debt.
If you
recently moved, aggressive debt collectors might attempt to use your old home
state for the statute of limitations, especially if that time limit is longer
than of the state you currently reside. This would give a collector more time
to collect on the debt.
Some debts
don't have a statute of limitations. This includes federal student loans,
child support in some states, and income taxes.
When the
statute of limitations expires, it only prevents a collector from winning a
judgment against you when you can prove the statute of limitations has indeed
expired. It does not:
- Keep a collector from filing a lawsuit
against you. It can keep them from winning if you use it against them in
court.
- Erase the debt. If the debt is legitimately
yours, you still owe it.
- Prevent the debt from being reported on your
credit report. The debt can be reported as long as the credit reporting
time limit allows.
** Georgia
Court of Appeals came out with a decision on January 24, 008 in Hill v.
American Express that in Georgia the statute of limitations on a credit card
is six years after the amount becomes due and payable
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