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What is the Statute of Limitations on Debt?

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What Is the Statute of Limitations on Debt?
This statute prohibits the creditors from filing lawsuits against debtors for an agreed-upon time period, but the debt remains visible on the credit reports of your clients.
by Sean Pyles Senior Writer | Personal finance and financial debt Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet's "Smart Money" podcast. On "Smart Money" Sean talks with Nerds from the NerdWallet Content team to answer listeners' personal finance questions. With a focus on thoughtful and actionable money advice, Sean provides real-world guidance to help people improve the financial situation of their lives. In addition to answering listeners' financial concerns on "Smart Money," Sean also interviews guests who are not part of NerdWallet and also creates special segments to explore topics such as the racial wealth gap as well as how to get started investing and the background of student loans.
Before Sean was the host of podcasts at NerdWallet He also covered issues related to consumer debt. His writing has been featured on USA Today, The New York Times and other publications. When Sean isn't writing about personal finances, Sean can be found playing in his garden, going on walks, or walking his dog for long walks. He is based within Ocean Shores, Washington.





5 Aug 2021


Written by Kathy Hinson Lead Assigning Editor Personal finances, credit scoring debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. In the past, she worked for 18 years at The Oregonian in Portland in roles including copy desk chief and team director of design and editing. Previous experience included news and copy editing for many Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in mass communications and journalism in the University of Iowa.







A majority of the items featured on this page are provided by our partners who compensate us. This impacts the types of products we write about and where and how the product appears on a page. But, it doesn't influence our evaluations. Our opinions are entirely our own. Here's a list of and .



The statute of limitations on debt is a rule limiting the time a creditor has to sue you for payment on a debt.
Each consumer's consumer credit, ranging from debts from credit cards to medical bills, are subject to limits on the number of years creditors have a legal right to sue you for repayment.
Typically, the law of the state where you reside determines the statute of limitations on specific debts, even if you incurred this debt in another location. In certain states the deadline for extending the statute of limitation for a debt is three years. In others, it's set to 10.
The rules may differ greatly states to states. There are 22 states in which, as an example it is six years. However, some lenders have clauses added to their agreements that state the laws of a particular state will apply to the contract regardless of the state where the consumer lives.
Take care if creditors are trying to harass you, as any payment on an expired debt could reset the clock, and revive the creditor's ability to sue you.
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How to tell if a debt is time-barred
When the time limit for debt expires the debt is considered " " and you can't legally be sued However, creditors can continue to pursue.
The obligation to pay however, stays on your books. That means that future creditors will see it, making it more difficult to obtain new lines of credit and the ones you do obtain will be more expensive in terms of interest.
"Determining whether a debt is past its statute involves looking at what kind of debt it's and what statutes are applicable," says Colin Hector who is a staff attorney for the Federal Trade Commission. "You require some legal knowledge, so you may want to contact lawyers, legal aid or an office of the state's attorney general."
These sites will help you determine the deadline for debts you face. The most effective option for you depends on your time and budget:
: Can provide free legal advice, but they may be difficult to contact.
: Inexpensive, but their attorneys and paralegals are often overbooked and overworked.
The ability to offer assistance that is more personalized and quicker, but with a higher price.

Getting information from the collector
Debt collectors are legally obligation to provide you with information about the debt they're attempting to collect. The information they provide can help you determine if the debt is past its time-limit.
>> MORE:
Be careful when you talk with collectors. Don't make promises to pay or give them any details about your payment, like the bank account number, as they might interpret it as an acceptance of debt.
If you are able to recognize the debt as yours
Collect all information you have on the file, including the amount, any payment you made as well as the date you made your last payment. This serves as your arsenal against the debt collectors.
You can ask the collector 2 basic questions:
Do you know if the debt is time-barred?
When was the last payment?

If the debt collectors answer in the initial question they're obligated to answer it truthfully. However, they're not obliged to respond in any way.
If the collector isn't responding to your inquiry, inquire regarding the date of your last payment. The timer on expiry of the limitation period starts when a account becomes in default, usually 30 days after missing a payment.
If you're not making payment, your clock may have started when you took out the debt or when it was declared as delinquent, based on your state.
If a debt collector won't disclose this information, refer to the letter of validation for debt. A collector must send you the letter within five days after the initial contact; if you haven't received it in 10 days, ask for it. The notice must include the amount due, dates of payment, the payment, the collector and the method of requesting information on the original creditor.
If you don't recognize the debt, you will be in trouble.
The debt collection industry is well-known for trying to collect on debts from wrong people. When debts are sold by the creditor who originally issued the debt to a third-party and possible sold again, a debt collector will likely have less and less precise information. As a result, you may be contacted to pay a debt that's not yours at all.
Review your own documents along with the verification letter, to determine any differences. This will help you determine whether you need to challenge the debt.
>> MORE:



The author's bio: Sean Pyles is the executive producer and host of NerdWallet's Smart Money podcast. His writing has been featured in The New York Times, USA Today and elsewhere.







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