Time is one of the most important factors related to credit card debt. Your level of delinquency, the state of your credit report, whether you can be successfully sued for what you owe: each of these things depends on time. This, in and of itself, is not confusing; however, the nuances and state-by-state variations characterizing the relationship between debt and time are. Nevertheless, it’s important that you understand them in order to avoid a lawsuit, minimize credit score damage, and stick up for your consumer rights. And while things certainly change throughout the process, as you’ll see below, it all starts with the statute of limitations.
The Statute of Limitations
Various timeframes are important to debt, but one of the most significant is its Statute of Limitations (SOL). This is essentially the time during which a lawsuit is legally relevant. Before the statute of limitations expires, you can be successfully sued for amounts owed. Once it runs out, a suit can be initiated, but it will be thrown out of court if you make it clear that the debt is “time barred,” or older than the statute of limitations.
The age of debt depends on how recently you made a payment towards it. The statute of limitations clock begins at the time of last payment and resets each time you make a payment, thereby re-aging your debt.
It is important to note that the statute of limitations has nothing to do with how long negative information remains on your credit report and that making a payment in no way affects this amount of time. In addition, if a lawsuit is brought against you and the lender wins (i.e. a judgment is rendered against you), the statute of limitations is no longer relevant, as the lender is essentially granted unlimited time in which to collect amounts owed.
You can find your state’s statute of limitations for debt in the table below. Keep in mind, however, that there are caveats to the time frames laid out in the table below. For example, if you move states after opening your credit card, you could be sued in either the state you originally lived in or the state you moved to, as jurisdictional issues related to SOL aren’t always clear.
| State | Statute of Limitations | State | Statute of Limitations |
|---|---|---|---|
| Alabama | 6 Years | Montana | 8 Years |
| Alaska | 3 Years | Nebraska | 5 Years |
| Arizona | 6 Years | Nevada | 6 Years |
| Arkansas | 5 Years | New Hampshire | 3 Years |
| California | 4 Years | New Jersey | 6 Years |
| Colorado | 6 Years | New Mexico | 6 Years |
| Connecticut | 6 Years | New York | 6 Years |
| Delaware | 6 Years | North Carolina | 3 Years |
| District of Columbia | 3 Years | North Dakota | 6 Years |
| Florida | 5 Years | Ohio | 15 Years |
| Georgia | 6 Years | Oklahoma | 5 Years |
| Hawaii | 6 Years | Oregon | 6 Years |
| Idaho | 5 Years | Pennsylvania | 4 Years |
| Illinois | 10 Years | Rhode Island | 10 Years |
| Indiana | 10 Years | South Carolina | 3 Years |
| Iowa | 10 Years | South Dakota | 6 Years |
| Kansas | 5 Years | Tennessee | 6 Years |
| Kentucky | 15 Years | Texas | 4 Years |
| Louisiana | 10 Years | Utah | 6 Years |
| Maine | 6 Years | Vermont | 6 Years |
| Maryland | 3 Years | Virginia | 5 Years |
| Massachusetts | 6 Years | Washington | 6 Years |
| Michigan | 6 Years | West Virginia | 10 Years |
| Minnesota | 6 Years | Wisconsin | 6 Years |
| Mississippi | 3 Years | Wyoming | 10 Years |
| Missouri | 10 Years |
(The Statutes of Limitations shown in this chart are for written contracts like credit card agreements. Oral contracts have shorter periods in many states.)
Having your state’s statute of limitations run out does not mean that your creditor no longer has the right to try to collect money owed. However, it does mean that the courts will not be a viable method of doing so, provided that you explicitly notify the judge that your debt is time-barred. Failing to bring this information to the court’s attention could result in the progression of a lawsuit that could have easily been dismissed.
Consider the disclaimer that creditors in New York City are required to include in collection efforts:
“The legal time limit (statute of limitations) for suing you to collect this debt has expired. However, if somebody sues you anyway to try and make you pay this debt, court rules REQUIRE YOU to tell the court that the statute of limitations has expired to prevent the
creditor from obtaining judgment.”
Making a payment is not always the only act that can re-age debt (i.e. make the statute of limitations reset) either. According to the New Mexico Attorney General’s handbook, this occurs if you:
- “make any payment of the debt”
- “sign a paper in which you admit that you owe the debt or in which you make a new promise to pay”
- “sign a paper in which you give up (“waive”) your right to stop the debt collector from suing you”
Determining Your SOL
If you believe that the statute of limitations on your debt has expired and you are still hearing from debt collectors, the first thing you should do is ask whether what you owe is time-barred or not. It’s illegal for debt collectors to lie when answering this question. They can, however, simply decline to respond, in which case you should inquire as to the date of your last payment. If you get a response, you’ll be able to determine whether the statute of limitations has run out or not. If you don’t get a response, you can send a letter to the debt collector disputing what you owe and asking for verification that you do indeed owe it. Debt collectors are legally required to suspend collection efforts until verification is provided.
Ultimately, this should give you an idea of where you stand, at least as far as a lawsuit is concerned. If your debt is time-barred, debt collectors don’t really have any power over you, and you can send cease-and-desist letters to get them off your back. If it’s still legally relevant, all that’s left to do is either wait and hope not to get sued before the SOL expires or seek to reach a settlement with your creditor. The latter should be your preferred option, but be very careful what you say because the last thing you want to do is inadvertently reset the statute of limitations. So unless you plan to pay off your debt in full or have reached a settlement that will contractually eliminate the threat of a lawsuit, don’t start making small payments in hopes of stopping the calls, as you’ll neither become debt free nor stop debt collectors from bothering you.
Judgment Against You
When a creditor wins a lawsuit (i.e. a judgment is made against you), the statute of limitations is no longer in play given that it merely dictates when you can use the age of your debt as a viable defense against a lawsuit, and that ship has clearly sailed already. With that being said, a judgment will be listed on your major credit reports and will remain for seven years from the date it’s filed, no matter what you do, which will damage your credit standing significantly. The decision will also open up a number of different means of collection for the creditor (or whoever has purchased your debt). Depending on the state, the collecting party may be able to garnish funds from your bank account and/or your monthly salary, force you to sell property, or even put you in jail. As if that weren’t enough, the amount you owe may accrue interest until it is paid off in full, and debt collectors generally have 10-20 years to collect on judgments, depending on the state – a timeframe that can typically be renewed
Given that many consumers become indebted due to job loss or other financial hardships, there’s no guarantee that the aforementioned collection techniques will work. That’s why credit card companies will often accept settlements, and if you can afford to pay a significant amount of what you owe in one lump sum, it might be a good idea.
Credit Reports
As mentioned earlier, making a payment has no effect on the length of time information about your debt will remain on your credit report. This clock begins 180 days after you first become delinquent and nothing you do thereafter affects it. Debt is only removed from your credit report when the requisite amount of time (usually 7 years) has passed, but you could change the status of your debt to “paid” or “settled” by making payment. This is marginally better for your credit score than having your debt classified as “not paid.”
Summary
Ultimately, the decisions of whether or not to pay outstanding credit card debt and when to do so are yours alone to make. However, as is the case with any major decision, it’s imperative that you have all of the facts and know your options. Be sure to understand the statute of limitations, and do not let a creditor bully you into doing or saying anything that will extend the time during which you are liable. Finally, if a creditor files a lawsuit when your debt is time-barred, remember that you must take action to have the courts throw it out. If you don’t prove that the debt is too old, the creditor will likely win his case.
This can all get a bit confusing at times, especially when you have debt collectors breathing down your neck. To help, we compiled the following table, which provides quick tips and information for you to reference at different times during the process of handling credit card debt.
|
Judgment Against You |
|||
| Yes | No | ||
| Within Statute of Limitations Timeframe? | Yes |
|
|
| No (Time-barred) |
|
||
After my divorce I was left with $25,000 in credit card debt since the account was in my name. My last payment was in May or June 2009. The account has been sold to a new collection agency (6th time) that recently called me to make an offer of $8000 to settle the debt. The offer sounded good, but unfortunately I do not have those funds. I refused to even make payments on the generous $8000 because I am not able to at this time and have been avoiding their calls. After reading about Statue Of Limitations can I request that the collection agency provide proof of when my last payment was made and if my dates are correct inform them that my debt is time barred. Will this interaction cause my SOL date to change? Also will this revelation stop the collection agency from continuing to report the account as derogatory each month as they have been doing or sell the account again to a new service agency?
May 4, 2013 at 05:57pm
I had a cc from 2002. Today I received a call from a debt collector about that debt. I said I was unable to make payments. She said she would mark as "Refused to pay" does this re-age that debt?
April 26, 2013 at 08:21pm
My mom passed away June 8, 2012 in New Jersey A letter with the death certificate was sent to Sears as mom had an outstanding credit card balance of $1400.00. Being the executor of the estate, I received a letter from a collection agency dated March 19, 2013. demanding payment. Has the statute of limitations passed on this?
March 26, 2013 at 09:40pm
I was just contacted by fsm. Say I owe from a cc that was charged off in 2001 but apparently a payment was made in 2008. I did not own this type of cc. How can I findout any information pertaining to this so called payment in 2008? 8
March 25, 2013 at 04:42pm
We have a collection company calling us...yes we had a credit one card that we defaulted on...this was because of ny wife's medical problems..the company that is calling does not have an office name so when you call the lady asks for your ohone number...this debt has been sold five times...we are both on socisl security and have no house, carm boat or land in our name...my husband try to talk to the guy but all he was interested in was our bank information...we don't have a bank account...our SS benefits are applied to the new debit card from the treasury...they even threatened to have my husband put in jail and taking away his SS...my husband is my caregiver..I am legally blind, in a wheelchair and on oxygen...I get twice a month but that is only for my ongoing medical treatments...they can no longer call us...how they got our number for it is unlisted and calling my sisters cell phone...is there anything else I can do..
March 21, 2013 at 01:21pm
I had a CC in 2004 in FL state, a judgement was made in 2008 from a dept collecter I did not know anything about this cause I had moved, now I receive a letter for this dept that is not on my credit Report, can they sue me again ? What should I do please and thank you
March 6, 2013 at 04:27am
I made arrangements after threats to pay...after reading this find out in GA SOL is 6 yrs....this is from 2002. What can I do?
March 4, 2013 at 03:02am
I have a judgement on my credit report from back in 02 or 03, I didn't even know I had a judgment on my credit report! I called the courthouse and they said somebody delivered me the paperwork in person. I did not receive nor did I talk to anybody about this. at first I thought it was an error but they have all my info and my address at the time. to this day I don't have a copy of the judgement or anything. what should my next steps be on getting this off my report? thanks
March 2, 2013 at 10:55pm
Yes the list. Is totally wrong....In California the statued of limitations is two years and three years in Delaware!!
January 28, 2013 at 07:50pm
when I came home from work today there was court papers here waiting for me they r for bank one from 2001 I live in indiana I'm not sure of what to do any suggestions please.
January 8, 2013 at 10:15pm
I had one contact me yesterday saying I owed originally 900, now it 1900 cuz interest rates are 49%. That they tried to serve me but no one was home, bunch of bs. Also, named my children and fiance. I was like my children and fiance have nothing to do with this. Obviously had been on my facebook. Says the debt is from 06.
December 7, 2012 at 01:44pm
I received a call today and dont know how they got my number but they were full of threats. I live in California and owe Chase credit card company. I haven't paid since 2005 and they say it went delinquent in 06'. I told the lady I didn't appreciate the way she was talking to me and she told me fine she would report back to the company and say it was a refusal to pay so they could take further action on me. What do I do or what can they really do now?
November 20, 2012 at 05:31am
I had an electric bill back in 1990. I was married but the bill was in my name. My husband hit an electric pole while drinking, we divorced and because they could not collect for the pole from him they added it to my electric bill in which they say I still owe till this day an will not give me service... its like 700.00 and he has since died... how can I fix this?
November 9, 2012 at 01:22am
I received a message from a Collection agency claiming I owe 595.00 for a payday advance loan in 2002/2003, and they are saying if I don't agree to pay that they will take it to court, the original debt was from Money Mart, I asked that they send me a certified letter with the information they had, but they refused. I am in TX and this collection agency is in New York...Check & Credit Recovery, Inc 255 Great Arrow Avenue # 4 Buffalo, NY14207-3024 This is definitely passed the statute of Limitation for TX. what should I do...
November 7, 2012 at 03:23am
I got a call from a collection agency stating that they were trying to collect from an old sears account, I had knowledge of. They were telling me they were going to garnish my wages and take to court if I didn't pay this bill. The sears card was open in 1995 and charged off 1997. At the time I was minor and have no idea who would have open a line of credit with SS number. The collection agencys reps were rude and trying to bully me into to paying. Please give me some advice? I got a call from a collection agency stating that they were trying to collect from an old sears account, I had knowledge of. They were telling me they were going to garnish my wages and take to court if I didn't pay this bill. The sears card was open in 1995 and charged off 1997. At the time I was minor and have no idea who would have open a line of credit with SS number. The collection agencys reps were rude and trying to bully me into to paying. Please give me some advice? I got a call from a collection agency stating that they were trying to collect from an old sears account, I had knowledge of. They were telling me they were going to garnish my wages and take to court if I didn't pay this bill. The sears card was open in 1995 and charged off 1997. At the time I was minor and have no idea who would have open a line of credit with SS number. The collection agencys reps were rude and trying to bully me into to paying. Please give me some advice? I got a call from a collection agency stating that they were trying to collect from an old sears account, I had knowledge of. They were telling me they were going to garnish my wages and take to court if I didn't pay this bill. The sears card was open in 1995 and charged off 1997. At the time I was minor and have no idea who would have open a line of credit with SS number. The collection agencys reps were rude and trying to bully me into to paying. Please give me some advice?
October 13, 2012 at 09:07pm
I left NY back in 2004 and moved to Europe. I didn't pay any of my credit cards and my student loan. I want to return to the States and I'm worried if I face any legal problems when I enter the country.
September 29, 2012 at 01:20pm
all I can say is thank god I don't live in the states that have 10 year SOLs!
September 25, 2012 at 07:58pm
I sent a letter to LVNV Funding LLC to prove my date of my debt because on my credit report it just shows first 2 numbers of the year but not last two. I would like to know what my next step is since they have not replied to my letter.
September 19, 2012 at 10:16pm
will a creditor sue if the amount owed is close to 1500 dollars, I live in GA and the account was opened in texas and was with wamu in mid 2008, cant deal with orginal creditor cause wamu is not open and not sure of change of venue clause.
September 16, 2012 at 10:19pm
I'm asking all these questions to help my sister know what to do.. Even seeking an attorney for bankruptcy.
September 15, 2012 at 08:44am
My ex I'm suspecting opened a credit card under both our names thru the mail preapproved. We broke up I lefted for vacation, upon my return I was being informed I had a credit card debt. A letter from the court. Was taped to my door a writ, I went to the attorney to ask if any payment plan can be considered and the attorney said no. I asked the bank for a copy of original application so I can see if it's my signature. The bank gave me a very poor copy so I complained and ask for another one. I also requested for proof of debt. I was told the attorney has it. If the bank can't give me a good copy, how can I dispute all the charges. Will the attorney have all my proof of debt? The total is $20,000 which I was shocked.. Can I lose my house? I still have a mortgage on it.
September 15, 2012 at 08:42am
My bank account was seized and now the attorney is trying to get my wages garnished on a credit card that was charged off in 2004. It was a secured card and the principal was paid, this is only fees they are collecting (as far as I know). The attorney's office is refusing to send me proof of debt, although I asked them in writing. I have also sent a Vacate form to them and to the courts. Is there anything else I can do...or just wait for a court date? I think the collection agency received this debt in 2009 because the attorney told me this was from 2009. The CC Company confirmed the last payment was made in 2004.
September 15, 2012 at 12:45am
Hi, I have a total credit card debt of $25,000 on 14 different credit cards. All of those accounts were opened in a span of 5 years while I was living in Indiana, Illinois and Virginia.I stopped making payments on them and it has been 6 months when I made my last payment. I am not a U.S. citizen. Unable to cope with debt and visa issues, I left to my home country. After reading about what happens after defaulting on a credit card debt, I have some questions. 1. In order for the credit card companies to sue me, do they have to serve papers to me physically? or can they start the proceeding even in my absence? 2. Will a default judgement be given in favor of the credit card issuer? 3. Does SOL apply in my case? If so, which state should I go by? Please tell me what would happen to my debt in my absence? Thanks.
September 2, 2012 at 07:40pm
I have a question. I received a letter from a collection agency for a old credit card debt from when I lived in CT. I have lived in NC for 6 years now and the last time I probably dis anything with that card was maybe between 2004-2006, although I thought I paid it off when I got my car accident settlement. This has not been on my credit report since I left CT, what should I do about it?
August 30, 2012 at 05:45pm
I was just contacted by a collection agency about a dept. store cc. They said the last payment was made in 1997. I know the SOL has run out, I live in MD, and they told me I could not be sued but this was never closed. I did not admit to the debt but said I would look into the laws/rights I have in MD about my options. (I hope that's not admitting to it). I'm sure I'll receive a letter as they have my correct address. Can I ignore it? Ask for proof of debt then send a cease and desist letter to not contact me? Did I screw up?
August 15, 2012 at 12:22pm
Wish I had known this. I had a court hearing about a 21 year old debt the day before I was to leave for my wedding. They got the judgement because I couldn't make the 2 hour drive to make it to the courthouse. Now, I am being garnished and not a blasted thing I can do about it.
July 30, 2012 at 05:51pm
This table is not correct. In many states credit cards are deemed oral contracts and not written contracts because they can be unilaterally changed by mailing you new terms. That means the SOL is much lower in many cases.
July 26, 2012 at 02:36pm
I made my last payment in 2008, per what the agency told me. I opened the cc in Maryland and I now live in Florida...which state's SOL do I go by? Thanks in advance.
July 20, 2012 at 04:07pm
I was just threatened by a company called Credit Smart that were going to file a suit (fist they said that evening then they said Monday morning) on a debt from Capital one that started out as a @ under $900.00 but is now $2200.00. I was injured in 1998 and lost all benefits in 6/2006 - so I KNOW no payments were made after that date. I also had pulled all credit reports 7/11 & all debts had had dropped off. I also ran all 3 yesterday & again - all clear. The "lawyer" on the phone told me they had gotten Experian to accept the old dept from 2002-2007, then when I challenged her she claimed she said Equifax - again there ARE no debts on my reports. I live in TX where the SOL is 4 years & I pulled my checking account from 2006 & there are no payments made to anyone after 7/06. I am a disabled senior citizen who has a huge tumor sitting in the bone in my shoulder & just need to get these scam artists off my back. She claimed that they were going to garnish my SSDI (my only source of income & I have no assets) What do I do?
July 14, 2012 at 04:40pm
Thank you, Card Hub. I was just threatened by Asset Recovery Associates today (July 5, 2012) with a "judgment" for the amount claimed ($2000) with the addition of their legal "processing fee" of $1500 because they are not a collection agency, but some other sort of business entity. Further, because the address and account information belonged to a "federally validated debt", and the account went to them in 2008, the statute of limitations (last account activity was in January 2005) has not yet expired. They offered me an "amnesty" payment for senior citizens (I'm 59) of $1,000 which is politely declined. "Mr. Stone" claimed to have "return receipt address" verification for me (?). I don't understand, and believe collection on this account, even if valid (which had never been proven to my satisfaction), should be time barred.
July 5, 2012 at 08:24pm
~Correction, it isn't a lien but a 1099c that would require me to file as income with the IRS. I have read several (all very confusing) articles about this but it seems these very old debts can in fact be considered "income" though it many years ago. I don't understand one thing~ can they file a 1099c at anytime or does it have to be within the 36 months of the last reported payment? It seems to me a little ridiculous that companies can sell these accounts for pennies on the dollar but in the end the amount you "owe" is insanely high.
June 27, 2012 at 05:09pm
Thank you so much for this site by the way. I have just been contacted by a collection company for a cc that is 12 yrs old~ and am well past my SOL~ to which they acknowledged. However, I was told that the Cross Country Bank could actually file the debt as a lein with the government (IRS?) and assuming we get a return held from any monies we would receive. Is this true and what if anything do I need to do? this does not show up on any of my reports as of today~ should I send a letter stating I am well past the SOL and leave it at that or do I need to worry that they can put a lien against me? I would think that would have to do with a lawsuit and would therefore fall under the SOL but these people can get wordy and confusing.
June 27, 2012 at 03:54pm
Is taking your your State Taxes considered a payment on your behalf....therefore resetting your Sol?
June 25, 2012 at 05:59am
I am in Texas and have a lawsuit filed against me for CC debt. I believe it to be beyond the SOL date, is there a sample letter available I can send as a response to the court? I am desperate here and can't afford an attorney.
June 25, 2012 at 05:32am
My state is 4the years for statue of limitations (pa). My capital one card was sold off.however capital one send statements still and collectors also for different amounts. The day account was sold in 2008. What should i do at this point? Sold off at 800the dollars and capital one has added interest after it was sold off and now up to almost 3000. Are they allowed to add interest after they sell off the account?
June 24, 2012 at 02:17pm
I recieved a notice from a collection agency regarding a cc that was last paid on in 2005. I live in washington staten.
June 22, 2012 at 01:49am
I have been contacted about a balance on a CC that last had activity in June of 2003. I assume the new collector cannot report it as the original debt is over 7 years. What about legal action? I did live in Louisiana for a time (which has a 10 year SOL). I am now in Texas (which has 6).
June 21, 2012 at 01:30am
I am being garnished on a credit card that has been charged off and the SOL has since passed, I went to court today to ask for a hearing and to challenge the writ to garnish, Can I do this and expect to win? I have an attorney friend that will be going to the hearing with me,
June 20, 2012 at 05:08am
What happens when the original creditor sells it to a collection agency, does the statute of limitation resets or does it just start and stay at when the last payment was made? I've been doing lots of research and just want a simple answer would be great. Thanks!
June 19, 2012 at 07:15pm
In new york state, I have a 5 year old judgment on a 10 year old credit debt, I understand the judgment is for 10 years here in NY and it has never been on my credit report, what happens if I move to another state? does the same judgment follow me with the NYS limitations or the new states? they have been trying to garnish my wages but I do not make enough for them to garnish....any info please?
June 18, 2012 at 11:07pm
Hi there, If I have CC debt that has just past the 3 yr SOL in NC but still shows up on my credit report as in collection, do I risk extending the SOL to 6 yrs if I move to GA? Or can I still claim NC SOL if I ever get harassed by collectors in GA?
June 17, 2012 at 06:05pm
We're also having a problem with the tenant screening company in Denver. They said that his credit score is below their cutoff, and gave us a really low number. We went up to TransUnion and checked his credit, and it was WELL ABOVE the number they wanted. The agency tells us that the number we saw on TransUnion's site is incorrect, and their subscription number is correct, and that we don't qualify. I verified the number with TransUnion, and it IS correct. This doesn't make sense, and it makes me think the screening company could be liable! Have you ever heard of this?
June 15, 2012 at 02:16am
Greetings! My fiancee was previously married, and he and his ex-wife had bought a washer at Best Buy and put it on a BB card for 12 months same as cash. They closed the account after it was paid off. They subsequently divorced, but two years later she went back into Best Buy, ran up $800 in charges, and never paid anything. It went to collections. We didn't learn about it until we went to buy his son a car, and it was on his credit report. The card was closed, and was not even listed in their divorce agreement because it was closed. Now it's showing up on his credit, and we're trying to rent a townhome, and they're questioning the chargeoff that he had nothing to do with. The credit card company tells us that the card agreement supersedes any divorce agreement, and that he's screwed. She clearly signed the charge slips. Any thoughts on how we get this off his record? Best Buy won't budge.
June 15, 2012 at 02:13am
I received a call today from a collection agency asking for full payment on a Capitol One card from 2003, the acct was charged off but they are asking me to pay $1500 today to close out the charge they bought.No payments since 2003. I lived in NY and CA so it looks like the SOL is 6 years at most and it's been nine. I am assuming from this page I do nothing. I asked them to call back tomorrow so I could research but I don't have any communication from them other than this call today. I refused to do anything today. Thank you for any help.
June 14, 2012 at 03:03am
Hi there, I recently applied a credit card to Best buy which I have been approved for. Little did I know it is being operated by Capital One. About 12 Years ago, I had a CC from capital one that went into default. That has now past the statue of limitation and has since been sold to various collection agencies. I am wondering now that I've reopened an account with Best Buy.. Could they use that to pursue an old debt or to make it valid, although it's a completely different account # and CC?
June 10, 2012 at 08:24pm
Amanda Hapsch · ASA College. I have a law office calling me about a credit card that I haven't paid anything on since summer of 2006, the office actually can't tell me the last time I paid on said credit card but says I last made a purchase on Sept. 14, 2006. The credit card compamy wrote off the account in March of 2009 and it went to judgement in 2010. I live in NY and that's where the card was opened. The SOL is 6 years but when I brought this up to the woman I spoke to she said that its now extented 20 years because it went to judgement. I'd love to speak to a lawyer but am unable to and need to know what my options are.....the original bill was for $300 and now it is $1833.06 because of interest and court fees.
June 10, 2012 at 02:56am
I just got papers in the mail I'm being sued for credit card dept in pennsylvania, Do I go to court this credit card was from 10 years ago I have never talked to them or made a payment and can not afford a lawyer and what can I say to win this.
June 6, 2012 at 02:29pm
My husband had a credit check done recently and capitol one was on it with a 3104 balance that hasn't had any activity( Payments) on since 4/06 on the report it says closed-credit grantor charge off does this mean its no longer an issue and closed or would he fall into the SOL for the state of California? Do you think I should contact someone from capitol one and discuss a pay off amount?
June 5, 2012 at 01:19am
I have bank debt that took place in 2002, the account was eventually sold off to a collection agency. my original intentions was to pay it off, but as the years went by it got difficult. now a thrid party collector is calling me, we spoken I and I decline to pay in full. he give my an ultimatum either pay or he will report it to his creditor with a responce of refusing to pay. what can I do?
June 1, 2012 at 03:53am
Capitol one, is trying to sue my wife for a credit card debt in Florida, which is over 6 years old, we never even received notice to collect from them, until we received a notice to appear in court. I'm sure if my wife brings up the SOL, and time bared in this matter it should be dismissed correct?
May 30, 2012 at 12:32am
Hi, I have a credit card company trying to collect on a debt from about 13 years ago. I live in NYC, and I checked all of my credit reports and there is on info about that debt. What should I do?
May 30, 2012 at 12:14am
Hi Card Hub, I have a few questions. I found out by doing a credit check that I have a judgment. I went to the court house to get copy's of it, and found that it was my ex husband that was served. I tried to do a refuse judgment, but was told the statue of limitations was up to file that. It's 3 years old now. Would you know what else I could do to take care of this? It's from a company called Asset Acceptance. I also had a credit card company that took me to court and that case was dismissed. I'm now getting mail from a collection company trying to collect for the same credit card company.. How can I fix this?
May 29, 2012 at 06:02pm
hi I had a judgement on my credit report from six years ago that I just got vacated because I was not served properly. my origional debt is from nine years ago. Can the collection agency still collect on this debt? this is in ny state.
May 27, 2012 at 03:48pm
We have some old items on our credit report that are past the states (colorado) SOL. What's the best way to go about getting those old items removed from our credit report? We are trying to qualify for a mortgage. Our "current" credit is good. Just these old things haunting us that shouldn't even be there. Is there a sample letter we can look at to send the credit bureaus? Thanks.
May 15, 2012 at 11:30pm
if a credit card company tries to sue you and it is past the statue of limitations, therefore dropped in court, can you have this removed from your court files?
May 15, 2012 at 07:30pm
My husband's ex wife forge his signature on one of those checks that those credit company sends out. She then had the money deposited into her own checking account and then had monthly withdrawals from that same account. This was in 2006 while they were still legally married. We recently found out about it by pulling his credit report. It looks like the last payment (activity) was in 2007. The check that she forged was solely his, it was not joint with her. We found a promissory note while going through his box of stuff she sent him awhile back, that is how we knew she had it deposited in her account. Is he at all liable because they were still married at the time but he did not sign that check and was not even aware of it?
May 15, 2012 at 04:26am
can an old debt be sold to more than one collection agency? I have a debt that is over 16 years old, and just recently received letters from two different collection agencies both offering settlement payoffs of different amounts on different sears accounts....both dated the same date and wanting a response by the same date, but two different account numbers? I had one account but like I said that was probably 17+ years ago...... I ignored it as it is so old.....can they sue me?
May 15, 2012 at 02:09am
I received a letter for a credit card I owed 1250 on in 2008, I don't mind paying in small increments, but how do I go about responding to the letter? I would like to avoid court and just get it over with.
May 9, 2012 at 02:59am
How long can the state of Maryland hold open a debt that was the result of over payment of unemployment? The last payment to the person collection unemployment was made in April 2004. They were never notified that there was an over payment until they received a notice today to pay almost $8200.00. Does it matter that they now live in MO?
May 8, 2012 at 02:05pm
I received a letter from debt recovery solutions saying that they acquired my account from a credit card company. I was divorced in 2005 so this debt must be from before that because I have not opened any credit cards since then. Do I need to respond to this letter - they are offering a settlement on the account.
May 1, 2012 at 04:39pm
I have been receiving calls regarding a credit card account that was last paid on around 2004/05. When I started receiving calls last August, I advised the caller I couldn't pay, because at the time, I didn't remember anything about the account. I live in New Mexico and the time limit for collecting and such is 6 years. What I am wondering is, did I do something to "reset the clock" by stating I can't pay or do I need to actually have signed and/or agreed to a payment plan or something?
April 28, 2012 at 12:42pm
I have a credit card bill from like 2004. During the last year or so I have been receiving collections calls regarding this debt. Last summer I said I didn't have the money, as I wasn't sure what this bill was even for. It's been so long, I'm not even sure I owe this. Is there anything I can do about this as they are threatening me with a lawsuit.
April 27, 2012 at 11:51pm
I incurred credit card debt while living in Florida. My last payment towards the debt was 2005/2006 on various credit cards. I have since moved to NJ. Which state do I follow as far as statue of limitations? I have not gotten nor used any past or present credit cards since 2006. I haven't received any phone calls over the past 2 years either. What do I do or think?
April 19, 2012 at 05:58am
Negative information goes off your credit report after seven years, I wonder , if sued, if I can use the fact that my credit card account was removed afrom my report as proof that my debt has passed my states 5yr statute of limitations since I no longer have any proof of the last payment on the account or any statement?(also I have never acknowledged this debt on the phone, by payment, or in writing).
March 29, 2012 at 10:37am
Okay thanks... That's the same thing one of the credit bureau reps told me. She said if it isn't on my report don't worry about it. I requested all three reports, it isn't on neither one. They also have my birthday wrong saying I was born in 1968 which I was not. I think I know what year I wa born. They tried to do a settlement but I've been refusing because I know for a fact I did not have a capital one card in 2001. They just keep saying find the person and press charges. How am I suppose to do that? I think I'll stop stressing over it now lol
March 29, 2012 at 01:06am
Starting January I've been receiving calls from a debt collector for capital one. They are saying I owe 2k since 2001 and the last payment was received in 2001. I never had a capital one card in 2001 cause I was only 15 I was born in 1986. I am also wondering if I owe them why isn't it appearing on my credit report. They are asking me to settle but hasn't the statue of limitation passed on this debt. I live in NJ and its beyond 6 years.
March 28, 2012 at 09:37pm
Thank you for your indepth response....you guys/girls are the best! I see that I. need to do some research of my own, based on the info you have given me. It is most helpful. Thank you very much.
March 27, 2012 at 09:17pm
No payment has been made, nor have I acknowledged owing the debt, nor have. I responded to their once or twice yearly attempts to collect. The first Social. Security check witholding was for the month of February and March of 2012.
March 26, 2012 at 02:14pm
I have a credit card debt that is about 20 years old. I have ignored requests. regarding payment so have made no admission of owing this debt. The credit card company has notified Social Security and $123 is being witheld. out of my monthly social security benefits (I am 71 years old). Is this legal?
March 25, 2012 at 10:42pm
My statute of limitations expires in 6 weeks and 2 days. I received a small claims court notice giving me 14 days to respond. If my statute expires before my court date will the judge dismiss it or will the judge consider the date the plaintiff submitted the suit to the clerk?
March 21, 2012 at 12:53pm
@GREGG - Missouri is actually a rather confusing state when it comes to statutes of limitations. It has a 10-year statue for written contract breaches that involve the payment of money as well as a 5-year statue for all other matters related to a breach of contract. The Supreme Court of Missouri clarified this issue in the 1997 case of Hughes Development Co. v. Omega Realty Co. As a result, the 10-year statute that what we have on the table above is correct for credit card payment disputes. With that being said, if the creditor is unable to produce a written contract, the statute of limitations would be 5 years, as you said.
February 25, 2012 at 01:09am
Mike Jan. 31 2011
With all these foreclosures can a mortgage company chase you for money still owed from a short sale?
cmemo3 Feb. 1 2011
This looks like you are recommending NOT paying small amounts on a debt to help decrease the debt if you can't pay what is owed. If the statute of limitations is 6 years (as in Georgia), isn't the likelihood of lawsuit by the creditor higher if you make no payments?
goodnelly Feb. 4 2011
Excellent article! I think this chart will be extremely helpful for the consumers. A lot of consumers don’t know the statute of limitations period in their state. Well, I think they should know about it. It will help them to fight with their credit card debts. The reason is, if the SOL period on a credit card debt has expired, then the creditors can’t sue the consumers for it.
Odysseas Papadimitriou Feb. 7 2011
@Mike - short sales are done with the banks approval and therefore they can not come after you since they have already agreed to a reduced amount.
Odysseas Papadimitriou Feb. 7 2011
@cmemo3 - We recommend NOT paying small amounts unless those amounts are part of a mutually agreed payment plan that the customer can realistically afford. Otherwise the dent on the overall debt amount will be small and the statute of limitations longer.
Centerville Apr. 26 2011
How about if a creditor filed a case against me before SOL expiry (lets say one year from the last payment I made), but I was not there in the court. Now, SOL has expired. Can the creditor get his money back with this scenario? Thanks
Centerville Apr. 26 2011
If I live in, say, NY and the credit card grantor is based in CA for instance, which state the SOL will be considered? Thanks.
Centerville Apr. 26 2011
If the time I had the debt I was living in KY for instance, and before SOL expired I moved to another state. Which state's SOL will be considered? Thanks
Centerville Apr. 26 2011
If I make a payment on a debt that it's SOL expired, will this (payment) reset the SOL? Thanks
dawn Jun. 16 2011
if my last payment was june of 2008 and i recvd a summons to court 1st week in july...does this fall under time barred?. there has been no judgement made and it is 3 yrs from last payment i made?
Odysseas Papadimitriou Jul. 6 2011
@Centerville - lets try to address your questions: 1) How about if a creditor filed a case against me before SOL expiry (lets say one year from the last payment I made), but I was not there in the court. Now, SOL has expired. Can the creditor get his money back with this scenario? >> Yes they can 2) If I live in, say, NY and the credit card grantor is based in CA for instance, which state the SOL will be considered? >> NY 3) If the time I had the debt I was living in KY for instance, and before SOL expired I moved to another state. Which state’s SOL will be considered? >> This is tricky. The creditor can argue that the SOL rules of the state that you lived while you incurred the debt should be used. It will depend on the specifics and on the judge. 4) If I make a payment on a debt that it’s SOL expired, will this (payment) reset the SOL? >> Yes
Odysseas Papadimitriou Jul. 6 2011
@dawn - I assume the SOL in your state is 3 years and that is why you are asking this question. However, I also assume that your creditor filed his claim before the 3 years expired, even though your summons date is after the 3 years - right?
Dave Jul. 7 2011
Nice article, good advice, but your table is incorrect about the length of the statute of limitations in Louisiana, according to Statute 2-3494-4, the statute of limitations for credit card debt in Louisiana is 3 years, not 10. Might want to research the others as well.
Odysseas Papadimitriou Jul. 8 2011
@Dave - In most cases credit card agreements fall under the statute of limitations for written contracts which is 10 years for Louisiana. Is there any evidence that credit cards are held to the 3yr limit in Louisiana?
lisa Jul. 13 2011
Hi: My account was charged off by AMEX. It was sold to a collection agency. The collection agency is called me to make payment arrangements. My question is this: If I begin payments with the collection agency, is that going to help my case with AMEX. I mean, on my credit report, for the next 6 years (GA), it will show an AMEX charge off - correct? thanks
Odysseas Papadimitriou Jul. 14 2011
@lisa - Unfortunately, nothing will make the charge-off go away for the next 7 years after you charged-off.
Nancy Jul. 21 2011
I am being sued by DB Servicing Corp on behalf of Discover. The payments are at least 4 years in errrors and possibly even 5. I haven't found all of my old files yet to confirm last payment. My question is - what is the time-barred (*statue of limitations in Arkansas) for Credit Card (*Open end) accounts. Can I get this suit thrown out?
Joan Jul. 22 2011
I lived in CA and had a serious run of bad luck, major health problems etc. I defaulted on my credit cards while living in CA and made the last payment in CA 2006. I went to live in Wisconsin with relatives. Now, slowly getting back on my feet. Can the credit card companies still sue me since the SOL in CA in 4 years but in WI it is 6 years?
nematode Aug. 1 2011
Lost home to foreclosure, lost car, defaulted credit cards, creditors on the phone constantly menacing to take me to court. Lost employment in CA, benefits ran out. Creditors still call, I explained the situation, they could care less. One told me he had heard all those sorrow stories before, and that I was not going to get away with it. I heard him until he finished, then said good bye then. I wish I had their monies to pay them and shut them, but without a job, it is difficult.
james Aug. 20 2011
I went through a divorce in 2005 in Georgia and there was a good amount of credit card debt. My ex didn't pay it at all and I havn't heard a word about it. I have moved to a different state, is the limatations from the state you lived in when you got the credit card or where you live now? Thanks in advance.
jessica Aug. 21 2011
If a judgement was filed against me after my statute of limitions had expired, but I did not know my rights at the time and I was forced to make payments by court order and my bank account was garnished, do I have any rights now or is it too late? The judgement is still on my credit report as well, is there anyway to get it taken off?
HelpUnsure Aug. 28 2011
When does the SOL begin? If you are sued prior to the end of the SOL then when does it become effective...ie Date of judgement or date you were sent notification? If unsure and you request a verificatiion letter, does this affect any time frames?
xxlaloxx Sep. 22 2011
article extreamly helpfull..thx, im not worried any more..I will be able to sleep well tonight...thx again..
TJ Oct. 10 2011
Hi: My husband's account was charged off by AMEX back in 2001. It was recently sold to a collection agency who sent him a letter last week seeking payment saying no response means the debt is owed. The SOL in NJ is 6 years. Does he need to send the collection agency a letter citing expiration of the SOL or ignore the letter altogether? thanks
Odysseas Papadimitriou Oct. 20 2011
@TJ - The SOL starts from the date of last payment. Assuming your husband did not make a payment after 2001, I would recommend that he sends them a letter so that they stop bothering you.
Mark Oct. 28 2011
I made a payment to a collection agency after the StaTute of limitations had expired. Is there a way to reverse it or collect it back??? I also made the mistake of paying it before requesting a verification of debt. I had sent them a letter requesting a verification of debt and after 30 days I haven't received it. I've called them several times and they said they have mailed it. They're mailing it a second time. If it's been over 30 days, is the debt automatically dismissed?
Margo Nov. 18 2011
Can a collector have your wages garnished via your employer?
A.J.Lily Jan. 1 2012
I have 12 credit cards, been out of work 3yrs, I owe about 60k, live in N.Y. Don't remember the last payment for any of the cards. How can I find out when I sent payments to any of them. I want to take advantage of the SOL I have not sent any payments to anyone for at least 3yrs. I don't want to make any mistakes and reset the time. When an acct passes the SOL should I advise the creditors? I have 2 judgements but I don't own anything I am living on social security I am a veteran if that means anything. Please help me.
Nikita Jan. 12 2012
I have credit card debt that dates back to 2003. I live in Ohio and an attorney told me that this is beyond the statute of limitations in our state. Your table states 15. This is a debt-relief/bankruptcy attorney. Which is it?
Carolyn Jan. 21 2012
I'm wondering if all credit card debt shows up on a credit report? My husband has collection agencies calling for him but none of the debt shows up on his credit report. One is back in 2003.
Tami Jan. 29 2012
My husband has a credit card from 2003 and we lived in Michigan then. Now we live in South Carolina. We have been here for 6 years and the credit card hasn\'t been used in about 7 or 8 years or paid. A lawyer just contacted him and he acknowledged the debt but never made a payment. He just received the letter about the acknowledgement of the debt and a date to pay it for a settlement. Because of that acknowledgement over the phone does his statute of limitations start over?
tom Jan. 31 2012
a collector called and said they would send a 1099C to the IRS and say this is income for me,is this legal
Buckeye Feb. 2 2012
For Nikita..Ohio is 15 years, but...they need PROOF of the debt. Contact a NACA consumer rights attorney. Check the NACA website for one near you.
Hello Feb. 5 2012
I defaulted on several credit cards a few years back. My family relocated to Arkansas from Missouri in October 2011. Last payments on accounts were late 2008. Will Arkansas SOL take affect since they would now have to sue me here or Missouri since that\'s where I lived when the cards were taken out?
GREGG Feb. 13 2012
http://www.moga.mo.gov/statutes/c500-599/5160000120.htm The statute of limitations is 5 years in Missouri - NOT 10 as indicated.
Denise Feb. 18 2012
I have a credit card that was charged off in 2006. The debt was purchased by a collection agency in 2009. They have listed the date of the debt as 2009 on my credit report. Which date is correct for reporting purposes?