Statute of Limitations (SoL) on debt is the legal time limit
that bars enforcement of the debt through the court system. It does not
apply to all debts! Use the information on this page and website to learn
about your state's Statute of Limitations on debts and whether or not the rule
applies to your situation.
If you believe you are a victim of unfair or illegal debt collection tactics, submit your information to a FREE* Fair Debt Lawyer by:
The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!
Note: The purpose of the information provided here and
elsewhere on this site is to help educate people on some of their rights and a
few of the laws and other rules that apply to many debt and credit issues, not to help people avoid paying valid debts. To the
contrary, if you owe a debt and it's valid and you have the
financial means to pay the debt, then it is your duty to do so.
However at some point in time, and for a myriad of
reasons, many of us encounter financial difficulties. When financial disaster
strikes, we need help which is why we have laws such as the statute of
limitations, bankruptcy and many other debt a credit protections laws. Use the information below to educate yourself on the Statute
of Limitations but to also seek professional financial counseling before making
any decisions that might effect your personal financial situation.
Although there are State and Federal Statute of Limitations on
certain types of debts, this page concentrates on statute of limitations as
defined by state laws and state civil collection codes!.
WARNING! Not all debt has a statute of limitations!
Also, when the SoL expires, it can be used as a defense to bar
collectors from collecting through the courts, however the debt DOES NOT go
away! Collectors can still attempt to collect the debt using other legal
dunning methods
For instance, there is NO statute of limitations on:
- Federal Student Loans;
- Most Types of Fines;
- Past Due Child Support (state dependent); and
- *Taxes (In many cases, income taxes have a 10-year SoL but
this can be suspended as well as have more time added by filing the proper
forms. Check with a local tax resolution expert about your particular
situation.
The Statute of Limitations on debt depends on the type
of debt and your State's civil debt collection codes. Generally,
unsecured debt expires 3 to 6 years after the last missed payment or the
consumer's last activity on the account. Written contracts such as car loans
generally expire after 6 years. Judgments can last up to 20 years and can
require the judgment be renewed at a certain point such as the 6-year point.
Generally, the statute of limitations for collecting debts
begins the moment you sign a credit contract! However, just about every
state has specific rules on the running of the statutory period and
some even have provisions to adjust (toll) this period.
The term “toll” or “tolled” means to
"stop the running of a statutory period for a certain period of time".
Many states use this term in their statutes of limitation rules and
civil codes for debt collection.
For example, lets say that you live in Florida where the
statute of limitations on credit card debt (open ended credit) is 4 years. You
do not make any payments to your credit card company for two years leaving only
2 years to go before the statutory period is up. Suddenly, you decide to move
to Georgia, stay 12 months and then move back to Florida.
Florida statutes say that leaving the state or
making a voluntary payment tolls (stops) the running of the statutory period.
So, on the day you move back to Florida, the remaining 2 year statutory period
begins running again.
On the other hand, if you had two years left on the statutory
period and suddenly decided to make payments for 12 months but then stopped
again, the 4-year statutory period begins running again. In effect you've reset
the clock.
In some cases, making an actual payment or making a
verbal or written promise to pay can reset or restart the limitations depending
on your state code.
WARNING! While the statute of limitations (SoL)
is running or even after it's expired, making ANY payment or signing a
promissory note can reset or restart (depends on your state law) the statute of
limitations. Always ensure the debt is valid, and then check your state laws to
see if the debt has a statute of limitations BEFORE taking any other action
such as making a payment or signing an agreement to make payments.
EXAMPLE: Let's assume the SoL on a personal
loan in your state is four years. On January 1, 2000, you sign the loan papers
with the first payment due February 1, but you never make a payment. The SoL
expires February 1, 2004. (Four years from the date of the last delinquent
payment due date that a payment was missed).
Using the above example, let's assume you receive a
collection call in February 2003 (1 year before the SoL expires) and, based on
that call, make a $50 payment with a promise to pay each month. That
payment can either toll (stop) the collection time clock or reset it.
If you fail to make another payment and your state allows the clock to be
reset, then in this example, the clock restarts from the date of the next
missed payment and runs another four years.
Credit cards and personal loans are good examples of
"stopping the collection time clock" because each monthly payment restarts the
clock. These payments are usually minimum payments and are normally for
unsecured credit (although this has no effect on the SoL). Secured credit is
usually not a collection issue because the creditor simply seizes (repossesses
the item).
However, it's worth mentioning that, in most cases items that
are repossessed are often sold at auction for far below what is owed. The
result is an unsecured debt that the debtor is still responsible for and
expected to pay.
The statute of limitations for the collection of debts is
not well known and is often misunderstood. Each state has its own
specific rules. I highly encourage you to learn your state's rules.
IMPORTANT! Many people believe the statute of
limitations for credit reporting (7 to 10 years) is the same as the statute of
limitations for enforcing debts! They are not the same!
See
credit
reporting SoL
When collection agents call you demanding a payment on an old
debt, making ANY payment, including a "token payment" can reset or
restart the SoL clock and open the door for the collector to seek a
judgment against you. Judgments are state-dependent but can run as long as 20
years and even be renewed in many states.
IMPORTANT: Although the statute of limitations
has expired (the time allotted to legally enforce the debt in court) collectors
can still attempt to collect expired debts (unless they were discharged in
bankruptcy) and even take you to court to try and enforce the collection of
debts. However, if you meet your state's qualifying criteria and raise the
"Expired Statute of Limitations" defense, the case is generally dismissed on
the spot.
When the statute of limitations has expired, and you cannot pay
the debt, consider sending collectors an
"Expired SoL
Letter" to inform them of your financial situation and that you are aware
of the expired SoL defense and will use it as your defense if taken to court.
Unless you inform the person trying to collect the debt that the
statute of limitations has expired, or bring it up during a court appearance,
the collector stands a good chance of winning a judgment against you.
Warning! As stated earlier, even though the statute of
limitations has expired and you are unable to pay the debt, you can still be
hauled into court. So, you must appear in court to raise the expired
statute of limitations (SoL) defense. If you fail to appear in court,
collectors stand an excellent chance of obtaining a default judgment.
Winning judgments gives collectors a long time to
pursue you!!!
Quite often collectors convince debtors to make "token
payments" and then they quietly seek a default judgment. Unfortunately,
many debtors only learn of the judgment when their bank accounts are seized or
their wages are garnished!
IMPORTANT NOTE: If you discover a default judgment
against you and you were never notified of the court hearing, immediately
contact the clerk of the court for copies of the court documents. Look over the
documents carefully for any misinformation, missing or incorrect information.
If you can show the court that you were not given due process, you stand a good
chance of having the default judgment overturned.
What to do when debt collectors demand payment!
If you are not aware of the debt or are unsure if the debt is
valid, DO NOT agree to anything until the collector has validated the debt in
accordance with the FDCPA, and your state laws (if applicable) and you have
verified the statute of limitations! See Statute of Limitations - by state and type of
debt!
Statute of Limitations on Credit Reports
Do not confuse the statute of limitations for debt collection
with the statute of limitations for credit reporting. See the rules in
The Fair Credit Reporting Act (FCRA)!
For example, let's say your State's statute of limitations for
collecting credit card debt is only four years. After fours years you can
legally refuse to pay the debt however, according to the Fair Credit Reporting
Act (FCRA) the debt can still be reported for seven (7) years from the date of
your last missed payment date.
Some debt collectors hope that, because the debt is still on
your credit report, you'll think they can still collect! Again, before
agreeing to anything verify the debt is valid and check the statute of
limitations!
The federal FCRA limits the number of years credit reporting
agencies or credit bureaus can report most types of debt to either 7 or 10
years. Some debts remain much longer such as tax liens which remain for 7 years
AFTER being paid or indefinitely if not paid. Be advised that offering
to pay less than the amount owed on a tax debt can extend the statute of
limitations for reporting the debt.
Credit Reporting Time Clock
The
Fair Credit Reporting Act clearly defines how long negative
information can be reported!
IMPORTANT NOTE: New activity such as debt
collection attempts or you making a payment does not restart the credit
reporting time clock (except for taxes)!
Judgment Proof
Special Note: Judgment-proof is the commonly used term
but a more accurate term would be "execution-proof"! Although creditors and
debt collectors win lawsuits, they still have to collect thus, if you are
penniless you are insulated not from judgment but from execution (collection of
the debt - at least temporarily).
You may be considered "Judgment Proof" during periods of
unemployment, while drawing disability pay or disability retired pay or if you
have no assets such as home, car, land, and other big-ticket items. In
other words, you have no money and no income and can prove it!
Never ignore a lawsuit just because you are broke or
have no assets! If a debt collector or creditor is trying to sue and
you believe that you are judgment proof, you must respond to the lawsuit as
such. Failure to appear and show the judge why you are judgment proof opens the
door for the judge to grant the collector a "default judgment". Even though
they cannot collect anything from you now, they can wait many years and try
again. Also, the judgment show up on your credit report and costs you many
points on your credit score!
If you lose your "judgment proof" status because of a
change in your financial status, creditors or collectors can seek a judgment
and, if successful, also seek wage
garnishment of up to 25% of your disposable income.
Once you're employed again or your financial situation
improves, it's better to negotiate a reduced payoff rather than risk a
court-ordered judgment. The difference is your credit report will show "debt
settled" instead of the more negative "judgment"!
See our in-depth explanations of fair debt act (FDCPA)
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