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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 stops creditors from suing debtors after a certain period, but the debt will remain in your credit file.
Written 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. In "Smart Money," Sean talks with Nerds on the NerdWallet Content team to answer listeners' personal finance questions. With a particular focus on sensible and practical money tips, Sean provides real-world guidance that can help consumers better their financial lives. In addition to answering listeners' financial concerns on "Smart Money," Sean also interviews guests outside of NerdWallet and also creates special segments to explore topics like the racial wealth gap, how to start investing and the history of college loans.
Before Sean was the host of podcasts at NerdWallet He also covered issues related to consumer debt. His writing has been featured throughout the media including USA Today, The New York Times as well as other publications. When Sean isn't writing about personal finances, Sean can be found working in his garden, going for walks, or taking his dog on long walks. He is based at Ocean Shores, Washington.





Aug 5, 2021


Edited by Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, managing money and debt 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 roles including copy desk chief and team director of design and editing. Her previous experience includes news and copy editing for various Southern California newspapers, including the Los Angeles Times. She earned a bachelor's degree in mass communications and journalism at the University of Iowa.







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The statute of limitations for debt is a law that limits the length of time that creditors can be able to sue you for the payment of the debt.
Every consumer's debt, from credit card balances to medical bills, are subject to limitations on the number of years in which creditors have the legal right of suing you for payment.
Generally, state law where you live sets the statute of limitations on specific debts, even if you took on this debt in another location. In certain states the statute of limitations for is three years. In other states, it's up to 10 years.
The rules may differ greatly states to states. For 22 states for instance, the is six years. However, some creditors include clauses in their contracts which state that the laws of the state will apply to the contract regardless of the state where the client lives.
Take care if creditors are trying to harass you because just one payment on an expired debt could reset the clock, and re-invigorate the creditor's power to pursue you.
Watch your debts dwindle
Sign up for an account and link your credit cards, loans and accounts to manage them all from one location.






How do you tell if a debt is time-barred
After the statute of limitations on debt passes the debt is deemed " " and you cannot legally sue anyone -- but collectors may continue to pursue.
The obligation to pay however, remains in the books. This means that any future creditors will be aware of the obligation, which could make it difficult for you to get new lines of credit and any credit you do receive will have higher interest rates.
"Determining whether a debt is over its statute is by looking at what kind of debt it is and the statutes that apply to it," says Colin Hector, staff attorney at the Federal Trade Commission. "You need some legal acumen to be able to consult with legal aid, an attorney or an office of the state's attorney general."
These resources can help you find the deadline for the debts you have to pay. The most effective option for you is based on your financial situation and your time:
The lawyer can provide free legal information , but could be difficult to reach.
Cost: Cheap, but attorneys and paralegals are often overwhelmed and understaffed.
: Can offer assistance that is more personalized and quicker, but at a higher cost.

Information from the collector
Debt collectors are legally obligation to inform you about the debt they're trying to collect. The information they provide can allow you to determine if the debt is beyond its time-limit.
>> MORE:
Be wary when speaking with collectors. Don't promise to make a payment or give them any payment details, such as an account at a bank, as they might interpret it as acceptance of the debt.
If you identify the debt as being yours
Take all the information you can on the file, including the amount, any payment you made as well as the date of your last payment. This will serve as your weapon against debt collectors.
The collector should be asked two basic questions:
Do you know if the debt is time-barred?
When was the last payment?

If the debt collectors answer the first question, they are required by law to answer the question in a truthful manner. However, they're not obliged to provide a response at all.
If the collector isn't responding to your inquiry, inquire regarding the date of your last payment. The timer on the time limit starts when a account becomes in default, usually 30 days after you miss a payment.
If you haven't made any payment, your clock might begin when you borrowed the money or when it was declared delinquent, depending on your state.
If a debt collector is unwilling to reveal the information requested, consult the letter of validation for debt. The collector has to send this letter within five days after the initial contact; if you haven't received it in 10 days, ask for it. The notice should contain the amount owed and dates of payment, the last payment, the collector and how to request details about the creditor who originally made the payment.
If you aren't able to recognize the debt
The industry of debt collection is known for its efforts to collect debts from the wrong people. When debts are sold by the original creditor to a third-party and possibly sold again, the debt collector may have less and less complete information. In the end, you may be contacted to pay a debt that's not really yours.
Refer to your own records and the validation letter to resolve any differences. This will help you determine whether or not you should contest the debt.
>> MORE:



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







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