November 2, 2012

Statue of Limitations for Debt


Have you ever had a debt get tossed from one collector to another over what seems like ages? At some point, the cycle has to stop, right? Right.

Debts have sort of an expiration date known as the statute of limitations (SoL) that keeps debt collectors, and even the original creditor, from pursuing it indefinitely. Before you agree to pay an old debt, first make sure the statute of limitations hasn’t expired. If it has, you might not have to pay.

Two Time Limits For Debts
A lot of people get the statute of limitations confused with the credit reporting time limit. While they’re both time limits related to debt, they have different effects.

The credit reporting time limit is the max amount of time credit bureaus can report delinquent debts on your credit report. For most types of accounts, it's seven years from the date of delinquency. However, bankruptcies are reported for 10 years and tax liens can be reported for up to 15 years. The credit reporting time limit is dictated by the Fair Credit Reporting Act and does not influence the statute of limitations for collecting a debt.

The statute of limitations for collecting a debt is the period of time that a creditor or collector can use the court to force you to pay for a debt. The time period starts on the account’s last date of activity and varies by state.

How to Use the Statute To Your Advantage
The statute of limitations starts on the last date of activity on the account. (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.

Even if the statute of limitations has expired, some debt collectors will continue to attempt to collect. They're hoping you don't know about the statute of limitations and you'll pay up 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 pay the debt.

Be careful not to restart the statute of limitations. Anytime you take an action with an account, the statute of limitations is restarted. Making a payment, making a promise of payment, entering a payment agreement, or making a charge using the account can restart the statute of limitations on an account. When the clock restarts, it restarts at zero, no matter how much time had elapsed before the activity.
What's My Statute Of Limitations?

If you recently moved, sneaky debt collectors might try to use your 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.

What the Statute Of Limitations Does Not Do
Keep in mind 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.

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