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What Is the Statute of Limitations on Debt?

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What Is the Statute of Limitations on Debt?
A statute of limitation prohibits the creditors from filing lawsuits against debtors after the specified time, however the debt is still in your credit file.
Written by Sean Pyles Senior Writer | Personal financial and financial debt Sean Pyles leads podcasting at NerdWallet as the producer and host of NerdWallet's "Smart Money" podcast. The show "Smart Money," Sean talks with Nerds across the NerdWallet Content team to answer the questions of listeners about their personal finances. With a particular focus on sensible and practical advice on money, Sean provides real-world guidance to help people improve their financial lives. In addition to answering listeners' money concerns on "Smart Money" Sean also interviews guests outside of NerdWallet and creates special segments on topics such as the racial gap in wealth, how to start investing, and the history for student loans.
Before Sean took over podcasting at NerdWallet He also covered issues concerning consumer debt. His work has appeared throughout the media including USA Today, The New York Times and other publications. When when he's not writing about personal finance, Sean can be found playing in his garden, going on runs and taking his dog for long walks. Sean is located within Ocean Shores, Washington.





Aug 5, 2021


Edited by Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years at The Oregonian in Portland in capacities such as chief of the copy desk and team editor and designer. Previous experience included news and copy editing for several Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in journalism and mass communications at the University of Iowa.







The majority or all of the products we feature are provided by our partners, who pay us. This impacts the types of products we review as well as the place and way the product is featured on the page. However, this does not affect our opinions. Our opinions are our own. Here is a list of and .



The statute of limitations for debt is a regulation that restricts the time a creditor has to pursue you to collect an outstanding debt.
Every consumer's debt, ranging from the balances on credit cards to medical bills, have restrictions on the amount of years in which creditors have the legal right to sue you for repayment.
Typically, the law of the state where you live sets the statute of limitations on particular debts, regardless of whether you incurred this debt in another location. In some states the deadline for extending the statute of limitation is 3 years. In others, it's up to 10.
The rules vary from state-to-state. There are 22 states in which, as an example, the is six years. Some creditors, however, add clauses to their agreements which state that the laws of the state will determine the terms of the agreement no matter where the client lives.
Tread carefully if are hounding you because even one payment to a debt that's expired could reset the clock, and re-invigorate the creditor's power to pursue you.
Watch your debts dwindle
Register for an account that allows you to connect your cards, loans and accounts to manage them all from one location.






How do you identify if a debt is time-barred
When the time limit on debt passes the debt is considered " " which means you cannot legally sue anyone however, collectors can still try.
Your obligation to pay, however, is still in the books. So, any future creditors will be aware of it, which can make it difficult for you to obtain new credit lines, and any credit you do get will likely have higher interest rates.
"Determining the extent to which a debt has gone beyond its statute of limitations requires considering the kind of debt it's and what statutes are applicable," says Colin Hector who is a staff attorney at the Federal Trade Commission. "You require some legal knowledge and you might want to consult with the legal aid system, an attorney or an office of the state's attorney general."
These resources can assist you in determining the time limit for debts you face. The best choice for you depends on your financial situation and your time:
The lawyer can provide free legal information but may be difficult to reach.
: Inexpensive, but their attorneys and paralegals are often overwhelmed and understaffed.
It is possible to provide personalized and faster help but at a higher cost.

Information obtained from the collector
Debt collectors have a legal obligation to provide you with information regarding the debt they're trying to recover. Asking for details can help you determine if a debt is past the time limit for repayment.
>> MORE:
Be wary when speaking with collectors. Don't promise to pay or provide them with any details about your payment, like a bank account, because they could interpret that as a sign of acceptance of debt.
If you are able to recognize the debt as yours
Gather all the data you have on your file, such as the amount, any payment you made, as well as the date you made the last payment. This is your weapon against the debt collectors.
The collector should be asked two simple questions:
Does the debt have a time-barred expiration date?
What was the date of the final payment?

If debt collectors respond to in the initial question they're required by the to answer it in a truthful manner. However, they're not obliged to provide a response at all.
If the collector doesn't answer to your inquiry, inquire for the date of the last payment. The timer on the time limit starts when an account goes delinquentfor a period of 30 days after you miss a payment.
If you haven't made any payments, the clock could have started when you borrowed the money or when it was declared delinquent, depending on your state.
If a debt collector is unwilling to divulge this information, refer to the debt validation letter. The collector has to send this letter within five days from the first contact. If you haven't received it within 10 days, request it. The notice should contain the amount owed and the date of the payment, the name of the collector and the method of requesting information on the original creditor.
If you don't recognize the debt
The debt collection industry is known for its efforts to collect debts from wrong people. Since debts are sold by the creditor who originally issued the debt to a third party , and likely later sold to another, the debt collector may have less and less complete details. In the end, you could be approached to pay a debt that's not even yours.
Check your own records as well as the confirmation letter in order to resolve any differences. This will help you determine whether you need to challenge the debt.
>> MORE:



About the author: 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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