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What is the Statute of Limitations on Debt?

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What Is the Statute of Limitations on Debt?
The statute of limitations prevents creditors from suing debtors following a certain period, but the debt will remain in your credit file.
Written by Sean Pyles Senior Writer | Personal finance, debt Sean Pyles leads podcasting at NerdWallet as the host and producer of NerdWallet's "Smart Money" podcast. The show "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 that can help consumers better their financial lives. Beyond answering listeners' money questions on "Smart Money," Sean also interviews guests who are not part of NerdWallet and creates special segments that explore subjects such as the racial wealth gap and how to begin investing, and the history of student loans.
Before Sean was the host of podcasts at NerdWallet, he covered topics related to 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 digging around the garden, taking runs and taking his dog for long walks. Sean is located within Ocean Shores, Washington.





5 Aug 2021


Edited by Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years with The Oregonian in Portland in capacities such as chief of the copy desk and team leader for design and editing. Prior experience includes news and copy editing at many Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communications and journalism at The University of Iowa.







The majority or all of the products featured here are from our partners who pay us. This impacts the types of products we feature and the location and manner in which the product appears on a page. However, this does not affect our opinions. Our opinions are entirely our own. Here's a list and .



The statute of limitations on debt is a law that limits the length of time that creditors can be able to sue you for the payment of the debt.
All consumer debts, ranging from credit card balances to medical bills, come with limits on the number of years in which creditors have a legal right to sue you for payment.
Typically, the law of the state where you live determines the period of limitation for particular debts, regardless of whether you have incurred this debt in another location. In some states the deadline for extending the statute of limitation is 3 years. In others, it's set to 10.
The rules may differ greatly states to states. There are 22 states in which, for instance there is a minimum of six years. However, some creditors have clauses added to their agreements which state that the laws of the state will apply to the contract regardless of the state where the consumer lives.
Be aware of the pitfalls if a creditor is hounding you, as even one payment on a debt that is due can reset the clock and re-invigorate the creditor's power to take legal action against you.
Watch your debts dwindle
Register for an account and link your credit cards, loans and accounts to manage them all in one place.






How to identify if a debt is time-barred
Once the statute of limitations for debt expires, the debt is considered " " as well as you aren't able to legally sue However, creditors can attempt to sue you.
The obligation to pay however, stays on your books. So, any future creditors will see the obligation, which could make it more difficult to get new lines of credit and those you do get will likely have higher interest rates.
"Determining whether a debt is beyond its statute of limitations requires looking at what kind of debt it's and the applicable statutes," says Colin Hector an attorney on staff at the Federal Trade Commission. "You need some legal acumen, so you may want to consult with lawyers, legal aid or an office of the state's attorney general."
These resources will help you determine the time limit for debts you face. The best choice for you will depend on your financial situation and your time:
: Can provide free legal information but may be hard to reach.
The cost is low, but the attorneys and paralegals are often overbooked and overworked.
: Can offer personalized and faster help but at a higher cost.

Information obtained from the collector
Debt collectors have a legal obligation to give you information about the debt they're trying to recover. Asking for details will help you determine if a debt is beyond the time limit for repayment.
>> MORE:
Be wary when speaking with collectors. Don't make promises to pay or give them any payment information, such as the bank account number, as they may take that as acceptance of the debt.
If you are able to recognize the debt as yours
Take all the information you can on it, such as the amount, the payment you made, as well as the date of the last payment. This will serve as your weapon against the debt collectors.
You can ask the collector 2 simple questions:
Is the debt time-barred?
When was the date of the last payment?

If the debt collectors are able to answer the first question, they're obligated by law to answer the question in a truthful manner. But, they aren't required to answer it at all.
If the collector does not respond you, inquire regarding the date of your last payment. The timer for the statute of limitations starts when a account becomes delinquent, typically 30 days after missing the payment.
If you haven't made any payment, your clock might begin when you borrowed the money or the date it was declared as delinquent, based on the state you live in.
If a collector refuses to divulge this information, refer to the debt validation letter. The collector has to send this letter within five days of first contact; if you haven't received it in 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 details about the creditor who originally made the payment.
If you aren't able to recognize the debt, you will be in trouble.
The debt collection industry is notorious for attempting to collect debts from wrong people. Since debts are sold by the original creditor to a third party , and possible later sold to another, the debt collector may have less and less precise details. In the end, you could be approached to pay a debt that's not even yours.
Refer to your own records as well as the confirmation letter in order to clarify any inconsistencies. This will help you decide whether you need to challenge the debt.
>> MORE:



About the author: Sean Pyles is the director of production and host on the NerdWallet's Smart Money podcast. His writing has been featured on The New York Times, USA Today and elsewhere.







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