How to Get Out of Debt With the Get Out of Debt Guy » statue of limitations

I Owe Rogers Telecom in Canada. How Many Years Can They Sue Us? – Ellie

Steve Rhode — Tue, 31 May 2011 20:23:15 +0000

“Dear Steve,

We had Roger’s Telecom for our home, computer, and cell phone. Roger’s could never get our contract straight so we opt out to Bell Canada. Now Roger’s is coming after us for the bill after 4 years. We have been sworn at to the point a Roger’s employee told us to pay the Fuc-en Bill. Then they Roger’s called us repeatly for days and the calls were comiung in to our home every 15-20 minutes per day. We wrote to the CRTC which govern’s the laws of the telecom service. They were appolled to say the least. We left off with Roger’s that we would never ask for their service no matter what, and we have agreed to that.

Now I ask you how long is this debt good for—in other words I think this is Statue Barred. They have not contacted us 4 years—now they the collection agency is harrassing us every day by the hour.
I do beleive that this debt is statue barred from collecting.

Ellie”

The Answer:

Dear Ellie,

A debt barred by time limits the creditors ability to sue you but not attempt collections.

In Ontario and Alberta a creditor can only sue for two years but that can be extended in some situations. In the rest of Canada it is six years or ten years.

But to be certain what the statute of limitations is for your debt I would suggest you meet with a lawyer in your area for a definitive answer.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

@GetOutOfDebtGuy

If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

I Have a Question About My Girlfriend’s Statute of Limitations and Her Gateway Computer. – Brian

Steve Rhode — Tue, 30 Nov 2010 17:57:36 +0000

From How to Get Out of Debt

“Dear Steve,

This is my girlfriends past debt. Back in 2000-2001 her then boyfriend bought a gateway computer from Gateway for about 3000$ in the state of Arizona. In 2002 she moved to Idaho. Last payment was made in 2003. No further action was taken on her part to resolve this debt.

There is now a collection company called Asset Acceptance LLC who retained Monarch Recovery Management, INC to collect the debt. I’ve read both states statutes about SOL’s and researched this in depth online.

My understanding is that they may attempt to collect this debt but since it is past both states SOLs it would get thrown out in court by simply stating that and providing documentation as evidence. My concern was that since this began in Arizona and she left before the SOL came into play that it put it on pause? I’ve read several “testimonies” mentioning this and I can’t find any state statutes going along with it. Is she in the clear with this or will they use the fact she moved out of state as a way to pause the SOL?

Brian”

The Answer:

Dear Brian,

Unless you talk to a licensed attorney in your state, nothing you will read on the internet can be relied upon as definitive advice for this situation.

You can find an attorney through the Idaho State Bar website.

I’m curious, have they threatened legal action?

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

Big Hug!

@GetOutOfDebtGuy

If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

CACH, LLC is Suing Me for a Debt That is 11 Years Old. – Sharon

Steve Rhode — Sun, 11 Apr 2010 16:40:19 +0000

From How to Get Out of Debt

“Dear Steve,

Old debt…MBNA…six companies want me to pay them (different collection agencies)…1998 CACH, LLC has court date for me Sept. 15th…I have a box of proof of what I tried to do…but I am scared to death of going into court…

What do I do…for 11 years this has made grow older faster because of lack of sleep, stress…Help

Sharon”

The Answer:

Dear Sharon,

This is a fairly simple issue to tackle. What you need to do ASAP is to contact a local attorney to review the matter. It is possible that the statute of limitations has expired on this debt, since so much time has expired, and you can’t be sued for this debt. The statute of limitation depends on the state you live in, the type of contract, and the length of time that has passed.

I know the worry and stress is weighing heavily on you. Now is the time for you get specific legal answers about your situation so you can rest easy.

Please promise to post an update in the comments section of this question and let me know what the lawyer tells you.

Big Hug!

@GetOutOfDebtGuy

They Say I Owe Magnolia Hospital a Debt From Twelve Years Ago. – Shelley

Steve Rhode — Tue, 09 Mar 2010 21:56:22 +0000

From How to Get Out of Debt

Shelley

“Dear Steve,

I received a letter today (6/3/2009) supposedly from an attorney in Mississippi.

I live in Tennessee. The letter says that I owe Magnolia Hospital $642.59 from 1/1997. It says that the amount is plus interest. This was 12 1/2 years ago. I was certain that this bill was paid following the birth of my child. I would no longer have any records regarding this debt since it has been so long. I do not believe that I owe this debt. Furthermore, even if I dispute the validity, what proof do I have? They have threatened to file suit. From everything I have read for Mississippi and Tennessee, they are well past the statute of limitations. What recourse do I have?

Shelley”

The Answer:

Dear Shelley,

I can’t give you any specific legal advice about the statue of limitations since I an not an attorney. You should check with one in your state,

First thing I would do is not dodge this. Send a letter by traceable means like FedEx or certified mail, return receipt requested. In that letter you should dispute the validity of that debt and state that you would like proof, in writing, showing your full account history from the hospital.

Next, sit back and let them respond. When they do, give me an update in the comments section of this question.

Let’s say this proves to be a valid debt but is outside the statute of limitations. That doesn’t mean they can’t try to collect from you, just that they can’t sue you.

Big Hug!

@GetOutOfDebtGuy

Denise Can’t Find CACH, LLC And It is Holding Up Refinancing Her Home

Steve Rhode — Fri, 12 Feb 2010 19:00:51 +0000

From How to Get Out of Debt

Denise

“Dear Steve,

I have judgment against me placed a company called CACH LLC. I cannot contact them or the attorney that placed the judgment. In midst of refinancing home to pay off judgment. Lawyer says I need a pay off amount.

How can I get a pay off amount if I can’t get a hold of them? What if I never get a hold of them.

Denise”

The Answer:

Dear Denise,

I wish I had a bit more information to go on but from what you told me and what I learned in my research I think you should look further into this judgment.

If this is the same CACH, LLC as the one I learned in my research, they may not have even been able to sue you and obtain a judgment against you for the debt in question. it may have been a zombie debt that had expired under the statue of limitations or a debt that they were not able to sue you for. Additionally, they appear to sue without any proof or validation that the debt is yours or true.

Much more information is needed to find out the specifics of your case and you’ll also need a lawyer to examine the legal merits of your case. But first, you’ll need a copy of the case to give to a lawyer to review.

The best way to locate these old cases is to get the court and case number off your credit report. I always recommend a consolidated credit report to learn that information. Not all credit bureaus have the same information so by getting a consolidated credit report you’ll have a better chance of getting all the details.

Next, armed with that information, contact the court that handled the suit against you and pay for a copy of the court records. Those records will give you critical information to help track down the lawyers and entity of the company that sued you.

Your mortgage broker should assist you if you still can’t locate the company or attorney since they will have a policy in place to address this issue.

I believe that CACH, LLC is located at:

370 17th Street
Suite 5000
Denver, CO 80202-3050
Phone: (303) 296-3345
Fax: (215) 281-7522

Or at

4340 S. Monaco St.
2nd floor
Denver, CO 80237

CACH, LLC appears to be a subsidiary of Collect America (CollectAmerica.com) and under the control of attorney Philip Scott Lowery or P Scott Lowrey, and has a horrible record of playing by the rules when it comes to collecting consumer debts that they purchase from the original creditors.

Recent Court Actions Involving CACH, LLC

The documents I found below may help you to locate CACH, LLC and to get a better understanding of some of the complaints and facts of those complaints.

Erick Pinto vs CACH, LLC
James L Robbins,Jr vs CACH, LLC, Pentagroup Financial
There is a class action lawsuit against CACH, LLC that contains excellent background information about them. See Morales vs CACH, LLC

The Answer:

Do I Still Owe This Debt? – Celeste

Steve Rhode — Thu, 11 Feb 2010 15:57:35 +0000

From How to Get Out of Debt

Celeste

“Dear Steve,

I have a collection agency trying to sue me for a debt that I accrued over 4 years ago. I would like to know if I still have to pay them even though they have not sent me any paper work showing validation of the debt, statute of limitations and if they are the original credit, which I do not think they are the original creditor.

The debt is under 2000 dollars. I requested the validation with the 30 day limit and sent them another request within a 60 day limit. Should I go to court and state my case or should I still try to call them and settle without the validation?

Should I try to settle before going to court?

Celeste”

The Answer:

Dear Celeste

The statute of limitations varies by contract and by state. You can see a a listing of information for each state here. What You Need to Know About the Statue of Limitations and Time-Barred Debts.

An interesting point about time barred or debts outside of the statute of limitations is that while you can no longer be sued for the debt, you can still be pursued by collections.

When you ask about court, I suspect that is because they are threatening to sue you. If they do, by all means, go to court and state your case. But if you think the debt is legit and you can afford to settle it, then consider just settling it to be done with it once and for all. Just remember to get the settlement deal in writing before you pay, send your payment by traceable means, and keep all that documentation with your other important papers. Years from now that debt could resurface and a new collector claim that it was not paid.

Big Hug!

@GetOutOfDebtGuy

The American Consumers Nuclear Winter

Steve Rhode — Sun, 17 Jan 2010 23:31:43 +0000

From How to Get Out of Debt

With so little time before the next presidential election it is a good time to take a quick look at some important issues that are impacting the wallets and purses of the American consumer.

Under the Bush administration consumers were significantly harmed by unreasonable and unfair bankruptcy reforms that clearly helped big business, hurt consumers and only made bankruptcy more expensive for the same people that still need to file for protection.

A future administration for change and putting people first should strongly look at repealing or enacting legislation to turn back the hands of time to allow consumers in an ever-tightening economy, to have more reasonable access to bankruptcy.

The Obama-Biden ticket has promoted a Credit Card Bill of Rights for some time now and it would be beneficial to see the McCain-Palin ticket pledge to work diligently to put similar protections in place.

The advent of the foreclosure next door has been upon us for some time now but little help is available to truly allow people to remain in their homes and avoid foreclosure. While lip service is given to industry pledges, the reality is that the paperwork and processes is so arcane and less than helpful that people continue to lose their homes who don’t need to.

During the past Bush administration the Internal Revenue Service and many state governments worked to crack down on abuses in the consumer credit counseling industry. Many of these prosecutions were against companies that had truly strained the limits of the law, such as Ameridebt. But many nonprofit credit counseling groups sought to drag out the IRS audits for compliance, where they would have not been in compliance to let a statue of limitations expire so they could remain in business.

At the same time as consumer advocates, and local and federal governments were cracking down on these consumer assistance agencies, no new legislation has been to provide shelter or assistance for consumers was enacted.

Consumers have lost more rights and are worse off today, than they have been in nearly a decade.

And now in the face of discouraging financial news, consumers have little hope in front of them of being able to allow them fair and reasonable access to bankruptcy or an impartial fair and pro-rata way for them to repay what they can afford without bankruptcy.

At the same time, creditors are offering non-binding agreements in debt management plans and not offering truly constructive offers to help a sinking consumer to have any real hopes of resolving their unexpected financial difficulties without more pain, punishment and stress.

Source

I Have a Zombie Debt. I Paid a Debt Off That They Want to Collect On Again. – Dawne

Steve Rhode — Fri, 11 Dec 2009 00:48:30 +0000

From How to Get Out of Debt

Dawne

“Dear Steve,

I was contacted recently about a debt that I had three years ago. I paid some on it according to the debt collector but I thought I had paid all of it because for the past three years I have not had any contact from them at all. I saw something about statue of limitations and was wondering if that had past, it was in Indiana that the debt occured.

Dawne”

The Answer:

Dear Dawne,

Just because you are being asked to pay it again does not mean you didn’t pay it off before. These zombie debts are resurfacing more and more these days. These are debts that a new collector is attempting to collect on because they count on the average consumer not keeping records of a previous payment.

You have a some choices:

Provide proof of previous payment.
Get a copy of your consolidated credit report and see how that debt is reported. It may show that it was paid previously.
Dispute the debt in writing within 30 days of the first contact by this collector and ask for proof to validate the amount due. If they can’t provide proof, they can’t collect on it.
Hire a lawyer to represent you with the collector and get to the bottom of this for you or to advise you about this debt under the statute of limitations. Most people are unaware that even if a debt is outside the statute of limitations or time barred, collectors can still come after you for it, just not sue you.

These zombie debts are getting to be a real problem. The best thing to do if you pay a debt off is to pay it by some method in which you get a receipt for payment. You can write a check, pay by Western Union, use a credit card or a debit card. Next, keep proof of the payment with your other important papers so if an old debt resurfaces years from now you know where to look for the proof of payment.

Big Hug!

@GetOutOfDebtGuy

Guess What You Might Not Owe? Your Mortgage!

Steve Rhode — Mon, 02 Mar 2009 14:32:51 +0000

From How to Get Out of Debt

Under the universal law of what you least expect, it appears that the rabid feeding frenzy of banks to initiate loads of subprime mortgages resulted in sloppy loans and sloppy documentation.

Bankruptcy judges, foreclosure courts and lawyers are now getting a bit wiser to the trailing mess created as banks sold and resold pools of securitized mortgages. It appears that in many cases the underlying notes that support the loans cannot be found.

On Feb. 11, a circuit court judge in Miami-Dade County in Florida set aside a judgment against Ana L. Fernandez, a borrower whose home had been foreclosed and repurchased on Jan. 21 by Chevy Chase Bank, the institution claiming to hold the note. But the bank had been unable to produce evidence that the original lender had assigned the note, which was in the amount of $225,000, to Chevy Chase.

With the sale set aside, Ms. Fernandez remains in the home. “We believe this loan was never assigned,” said Ray Garcia, the lawyer in Miami who represented the borrower. Now, he said, it is up to whoever can produce the underlying note to litigate the case. The statute of limitations on such a matter runs for five years, he said.

Now the inability for the note holder to produce the original note to prove they are the owner is a real problem. In the past I did have one client that asked her bank for proof of the original loan document and they never could find it and eventually forgave her debt.

In the past, issues like that were a fluke, but I think that the issue of tracking the note through the deal from one buyer to another to the entity that is holding it now, has got some real merit.

Some smart lawyers are going to make a lifetime of work from specializing in forcing banks to prove they are the actual note holder, and if the banks can’t, well then they can’t foreclose and after the statute of limitations runs out, the note will be uncollectible.

As a recent New York Times article said:

In a recent case, Judge Bufford said, he asked a lender to produce the original of the note and it turned out to be different from the copy that had been previously submitted to the court. The original had been assigned to a bank that had then transferred it to Freddie Mac, the judge explained. “They had no clue what happened after that,” he said. “Now somebody’s got to go find that note.”

“My guess is it’s because in the secondary mortgage market they have been sloppy,” Judge Bufford added. “The people who put the deals together get paid for the deals, but they don’t get paid for the paperwork.”

Statute of Limitations and Time-Barred Debts: State Information

Steve Rhode — Fri, 27 Feb 2009 16:27:44 +0000

From How to Get Out of Debt

“Time-barred” debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. This is often referred to as debts that are beyond the statute of limitations. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General’s Office at www.naag.org to determine when a debt is considered time-barred in your state.

Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a “debt collector” generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.

Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt.

Below you will find information about time limits on collecting debts. The information is just a guide. For specific information or to check if the information is still accurate, please contact an attorney licensed in your state.

Alabama Statutes of Limitations and Time-Barred Debts

Contracts under seal: 10 years, (A.C. 6-2-33)
Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)
Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)
Open accounts: 3 years (A.C. 6-2-37)
Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)
Actions based on fraud: 2 years (A.C. 6-2-3)

Alaska Statutes of Limitations and Time-Barred Debts

Action on a sealed instrument: 10 years (A.S. 09.10.40)
Action to recover real property: 10 years (A.S. 09.10.30)
Action upon written contract: 3 years (A.S. 09.10.55) Note: prior to 8/7/97 -the statute of limitations for written contracts was six years.
Action upon contract for sale: 4 years (A.S. 45.02.725) However, limitations by agreements may be reduced, but not less than one year (A.S. 45.02.725).

Arizona Statutes of Limitation and Time-Barred Debts

Written contracts: 6 years, runs from date creditor could have sued account.
Oral debts, stated or opens accounts: 3 years.
Actions for fraud or mistake: 3 years from the date of the discovery of the fraud or mistake.
Actions involving fiduciary bonds, out of state instruments and foreign judgments: 4 years. NOTE: Arizona applies its own statute of limitations to foreign judgments rather than that of the state that originally rendered the judgment whether the judgment is being domesticated under the Uniform Enforcement of Foreign Judgments Act or pursuant to a separate action on the foreign judgment.
An Arizona judgment must be renewed within five years of the date of the judgment.

Arkansas Statutes of Limitations and Time-Barred Debts

Written contracts: 5 years, NOTE: Partial payment or written acknowledgement of default stoppeds this statute of limitations. (A.C.A. 16-56-111)
Contracts not in writing: 3 years, (A.C.A. 16- 56-105)
Breach of any contract for the sale of goods covered by the UCC: 4 years, (A.C.A. 4-2- 725)
Medical debts: 2 years from date services were performed or provided or from the date of the most recent partial payment for the services, whichever is later. (A.C.A. §16-56-106)
Negligence actions: 3 years after the cause of action. (A.C.A. § 16-56-105)

California Statutes of Limitation and Time-Barred Debts

Written agreements: 4 years, calculated from the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

Colorado Statutes of Limitation and Time-Barred Debts

Domestic and foreign judgments: 6 years and renewable each six years. Note: If for child support, maintenance or arrears the judgment (lien) stays in effect for the life the judgment without the necessity of renewal every six years.
All contract actions, including personal contracts and actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided in 13-80-103.5; All claims under the Uniform Consumer Credit Code, except sections 5-5-201(5); All actions to recover, detain or convert goods or chattels, except as otherwise provided in section 13 -80-103.5.
Liquidated debt and unliquidated determinable amount of money due; Enforcement of instrument securing the payment of or evidencing any debt; Action to recover the possession of secured personal property; Arrears of rent: 6 years, (C.R.S. 13-80-103.5)

Connecticut Statutes of Limitation and Time-Barred Debts

Written contact, or on a simple or implied contract: 6 years, (CGS 52-576)
Oral contract, including any agreement wherein the party being charged has not signed a note or memorandum: 3 years, (CGS § 52- 581)

Delaware Statutes of Limitation and Time-Barred Debts

General contracts: 3 years;
Sales under the UCC: 4 years
Notes 6 years;

District of Columbia Statutes of Limitation and Time-Barred Debts

Contract, open account or credit card account: 3 years from the date of last payment or last charge. NOTE: An oral promise to pay re-starts the three years.
Contracts under seal: 12 years.
UCC Sales of Goods: 4 years.

Florida Statutes of Limitation and Time-Barred Debts

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
Libel, slander, or unpaid wages: 2 years.
Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

Georgia Statutes of Limitation and Time-Barred Debts

Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach.
Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.
Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)
Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.
Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.

Hawaii Statutes of Limitation and Time-Barred Debts

Breach of contract for sale under the UCC: 4 years.
Contract, obligation or liability: 6 years.
Judgments: 10 years, renewable if an extension is sought during the 10 years.
NOTE: The time limitation stopped during the time of a person’s absence from the state or during the time that an action is stayed by injunction of any court.

Idaho Statutes of Limitation and Time-Barred Debts

Breach of contract for sale under the UCC: 4 years.
Written contract or liability: 5 years.
Contract or liability that is not written: 4 years. NOTE: The time period begins as of the date of the last item, typically a payment or a charge under a credit card agreement. A written acknowledgement or new promise signed by the debtor is sufficient evidence to cause the relevant statute of limitations to begin running anew. Any payment of principal or interest is equivalent to a new promise in writing to pay the residue of the debt.
Judgments: 5 years but may be renewed for another five-year period. NOTE: An independent action on a judgment of any court of the United States must be brought within 6 years.
The time limitation for the commencement of any action is tolled during the time of a person’s absence from the state or during the time that an action is stayed by injunction or by statutory prohibition action.

Illinois Statutes of Limitation and Time-Barred Debts

Breach of contract for sale under the UCC: 4 years.
Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.
Domestic judgments: 20 years, but can be renewed during that 20-year period.
Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.
Tolling: A person’s absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.
Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

Indiana Statutes of Limitation and Time-Barred Debts

Breach of contract for sale under UCC: 4 years.
Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.
Written contracts unrelated to the payment of money: 10 years.
Written acknowledgement or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.
Judgments: 10 years unless renewed.

Iowa Statutes of Limitation and Time-Barred Debts

Open account: 5 years from last charge, payment, or admission of debt in writing. Unwritten contracts: 5 years from breach.
Written contracts: 10 years from breach.
Demand note: 10 years from date of note.
Judgments: 20 years. However, an action brought on a judgment after nine years but not more than ten years can be brought to renew the judgment.
NOTE: Deficiency judgments on most residential foreclosures, and judgments on mortgage notes become essentially worthless two years from date of judgment.

Kansas Statutes of Limitation and Time-Barred Debts

Written agreement, contract or promise: 5 years.
Expressed or implied but not written contracts, obligations or liabilities: 3 years.
Relief on the grounds of fraud: 2 years.

Kentucky Statutes of Limitation and Time-Barred Debts

Recovery of real property: 15 years (KRS 413.0 10).
Judgment, contract or bond: 15 years (KRS 413.110).
Breach of sales contract: 4 years (KRS 355.2- 725).
Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).
Action on check, draft or bill of exchange: 5 years (KRS 413.120).
Action for fraud or mistake: 5 years (KRS 413.120).
Actions not provided for by statute: 10 years (KRS 413.160).

Louisiana Statutes of Limitation and Time-Barred Debts

Contracts: 10 years.
Open accounts: 3 years.
Lawsuits, which are filed but not pursued, become null three years after the last action taken.
Judgment: 10 years, and if not renewed within the ten years become a nullity.

Maine Statutes of Limitation and Time-Barred Debts

Generally all civil actions must be commenced within 6 years after the cause of action accrues. (14 M.R.S.A. 752)
The primary exception is for liabilities under seal, promissory notes signed in the presence of an attesting witness, or on the bills, notes or other evidences of debt issued by a bank, in which case, the limitation is twenty (20) years after the cause of action accrues. (14 M.R.S.A. 751)
Judgments are presumed paid after twenty (20) years. (14 M.R.S.A. 864)

Maryland Statutes of Limitation and Time-Barred Debts

Civil action: 3 years from the date it accrues, unless:
Breach of contract under any sale of goods and services under the UCC: 4 years after the cause of action, even if the aggrieved party is unaware of the breach.
Promissory notes or instruments under seal, bonds, judgments, recognizance, contracts under seal, or other specialties: 12 years.
Financing statement: 12 years, unless a continuation statement is filed by a secured party six (6) months prior to end of twelve (12) year period. (Maryland, Commercial Law article Sec. 2-725; Courts & Judicial Proceedings Article Sec. 5-101-02, 9-403).
NOTE: The 3 year statute of limitations begins again if creditors can document that a debtor has reaffirmed a debt by a good faith basis by a written agreement, orally, or by payment.

Massachusetts Statutes of Limitation and Time-Barred Debts

Debt instruments issued by banks, Contract under seal: 20 years.
Judgments: 20 Years.
Oral or Written Contracts: 6 Years.
Consumer Protection Actions: 4 Years.
Recovery of Property: 3 Years.
Probate Claims: 1 Year from date of death.
Claims on mortgage notes following foreclosure or on claims junior to a foreclosed mortgage: 2 Years.
This comment was added by a reader: “Your information regarding liens in Massachusetts is extremely misleading. A judgment lien must be re-recorded in the land records every six years in order to remain effective as against the real estate. Although the “judgment” is good for 20 years, if the creditor fails to re-record it in the land records after the first 6 years the debtor can sell their real property free and clear of the lien and the creditor is out of luck. A mortgage doesn’t expire for 35 years if it was not released of record.”

Michigan Statutes of Limitation and Time-Barred Debts

Breach of Contract: 6 years, (MCL 600.5807(8).
Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).
Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).
NOTE: Another state’s limitation period may apply check statutes carefully.

Minnesota Statutes of Limitation and Time-Barred Debts

Breach of contract for sale under the UCC: 4 years, (MSA 336.2.).
NOTE: Except where the Uniform Commercial Code otherwise prescribes, actions based on a contract or other obligation, express or implied, must be brought within 6 years after the cause of action occurred (Chapter 541).
Tolling: New written acknowledgement or payment tolls the statute of limitations for the debt.
Judgments: 10 years.

Mississippi Statutes of Limitation and Time-Barred Debts

Contracts and Promissory Notes: 3 years (MCA 75-3-118, 75-2-725, and 15-1-49).
Open Accounts: 3 years from the date at which time the items on the account became due and payable,(MCA 15-1-29 & MCA 15-1-31).
Judgment liens on real estate: 7 years, but can be renewed by filing suit to renew judgment prior to expiration of 7th year, (MCA 15-1-47).
Deficiency claims: 1 year from sale of collateral, (MCA 15-1-23)
Enforcement of construction liens: 1 year from date lien is filed, (MCA 85- 7-141)

Missouri Statutes of Limitation and Time-Barred Debts

Written agreement that contemplates the payment of money or property: 10 Years, (Mo.Rev. Stat. §5l6.ll 0). NOTE: Under certain circumstances, the contractual statute of limitations may be reduced to five years.
Open accounts: 5 years, (Mo. Rev. Stat. §5l6.l20).
Sale of goods under the UCC: 4 years. NOTE: The statute begins to run from the date when the breach occurred for contracts and from the time of the last item in the account on the debtor’s side for actions on accounts.

Montana Statutes of Limitations and Time-Barred Debts

Written contract, obligation or liability: 8 years.
Contract, account or promise that is not based on a written instrument: 5 years.
Montana obligation on to provide a certain level of support for a spouse, child or indigent parent: 2 years.
Obligation or liability, other than a contract, account or promise not based on a written instrument: 3 years.
Relief on the grounds of fraud or mistake: 2 years.
NOTE: A written acknowledgement signed by the debtor or any payment on a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.
Judgment or decree of any U.S. court: 10 years. NOTE: Judgments rendered in a court not of record: 6 years.

Nebraska Statutes of Limitation and Time-Barred Debts

Real estate or foreclosure mortgage actions; product liability; 10 years.
Foreign judgments, contract or promise in writing, express or implied: 5 Years.
Unwritten contract, express or implied; Recovery of personal property; Relief on grounds of fraud; breach of contract for sale of goods; and open account: 4 years.
Liability created by federal statute with no other limitation: 3 years. Malpractice: 2 Years.
NOTE: SoL can be interrupted by partial payment or written acknowledgement of debt. The statute starts to run anew from the date of the partial payment or written acknowledgement, (Neb. Rev. Stat. §25-216)
NOTE: Actions on breach of contract for sale may be reduced to not less than one year.

Nevada Statutes of Limitation and Time-Barred Debts

Written contract: 6 years.
Verbal contract: 4 years.
Property damage: 3 years.
Personal injury: 2 years.

New Hampshire Statutes of Limitation and Time-Barred Debts

Contracts and open accounts: 3 years, (RSA 508:4).
Contracts for the sale of goods under UCC: 4 years, (RSA 382-A: 2- 725).
Notes, defined as negotiable instruments: 6 years (RSA 382-A: 3-118)
Judgments, recognizance, and contracts under seal: 20 years (RSA 508:5)
Notes secured by a mortgage: 20 years and applies even if the mortgage has been foreclosed, (RSA 508:6).
Tolling: Payment on an account tolls the statute.
NOTE: Installment loans allow for separate measurement of the statutory period as each separate payment comes due, unless the loan has been accelerated.

New Jersey Statutes of Limitation and Time-Barred Debts

Conversion of an instrument for money: 3 years, (N.J.S.A.12A: 3-118(g)).
Sale of goods under the UCC: 4-years, (N.J.S.A. 12A; 2-725).
Real or personal property damage, recovery and contracts not under seal: 6 years (N.J.S.A. 2A: 14-1).
Demand Notes when no demand is made: 10 years. If demand made: 6 years from date of demand, (12A: 3-118(b)).
Obligations under seal for the payment of money only, except bank, merchant, finance company or other financial institution: 16 years, (N.J.S.A. 2A: 14-4) actions for unpaid rent if lease agreement is under seal, (N.J.S.A. 2A: 14-4).
Real estate: 20 years, (N.J.S.A. 2A: 14-7); Judgments: 20 years, renewable, (2A: 14-5); Foreign judgments: 20 years (unless period in originating jurisdiction is less), (2A: 14- 5).
Unaccepted drafts: 3 years from date of dishonor or 10 years from date of draft, whichever expires first, (12A: 3- 118(c)).

New Mexico Statutes of Limitation and Time-Barred Debts

Contract in writing: 6 years (except any contract for the sale of personal property is 4 years or the last payment, whichever is later).
All other creditor-debtor transactions are 4 years after accrual of the right to sue.
NOTE 1: An action accrues on the first date on which the creditor can sue for a breach or for relief, generally from the last purchase or the last payment.
NOTE 2: If the limitations period has expired, an acknowledgment or payment starts the period running again.
Judgments: 14 years.

New York Statutes of Limitation and Time-Barred Debts

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 – Limitations of Time:
211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.
212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.
213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
213-a. Actions to be commenced within four years; residential rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
UCC, Section 2–725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.

North Carolina Statute of Limitation and Time-Barred Debts

Express or implied contract, not under seal: 3 years.
Contract and sale of personal property under seal: 10 years.
Open account: 3 years, NOTE: Each payment renews the SoL on all items purchased within the 3 years prior that payment. If no payment is made, the SoL runs from date of each individual charge. Contracts: From date of breach or default, unless waived or performance under the contract is continued.
Judgments: 10 years
Partial payment BEFORE the statute of limitations expires renews the statute of limitations from date of payment.
Payment AFTER statute of limitations expires renews statute of limitations ONLY if, at time of payment, circumstances infer the debtor recognized obligation to pay. Partial payment on open account restarts SoL on purchases made within 3 years of payment date, if acknowledgment can be inferred, starts the statute anew as to the full obligation acknowledged, even if all of the charges were not made within the last three years.
Partial payment by one debtor does not renew the statute of limitations as against any a co-debtor unless that co-debtor agreed to, authorized or ratified the partial payment.
Partial payments DO NOT affect the ten-year limitation on enforcing or renewing judgments.
Bankruptcy, Death or Disability: Filing of a bankruptcy tolls the statute of limitations for the enforcement of contracts and judgments.
The death, minority, disability or incompetence of a debtor also tolls the limitation period until such time as a personal representative of the estate or a guardian of the incompetent or minor is appointed.

North Dakota Statutes of Limitation and Time-Barred Debts

Breach of contract for sale under the UCC: 4 years.
All other actions based on a contract, obligation or liability, express or implied: 6 years.
NOTE: A new written acknowledgement or promise or voluntary payment on a debt revives the statute of limitations for the debt.
Judgments: 10 years.

Ohio Statutes of Limitation and Time-Barred Debts

Written or oral account: 6 years, (O.R.C. §2305.07).
Written contract: 15 years, (O.R.C. §2305.06).
Oral contract: 6 years (O.R.C. §2305.07).
Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. §1303.16(B)).
Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).

Oklahoma Statutes of Limitation and Time-Barred Debts

Written Contract: 5 Years, (O.S. § 95(1)).
Oral Contract: 3 Years, (O.S. § 95(2))
Attachments: 5 Years, (O.S. § 95(5))
Domestic Judgment: 5 Years, (O.S. § 95(5))
Foreign Judgment: 3 Years, (O.S. § 95(2)

Oregon Statutes of Limitation and Time-Barred Debts

Unlawful trade practices: 1 year, (ORS 646.638(5).
NOTE: There is no statute of limitations for a cause of action brought as a counterclaim to an action by the seller. (ORS 646.638(6)).
Contract or liability: 6 years, (ORS 12.080)
Judgment: 10 years, (ORS 12.070).

Pennsylvania Statute of Limitations and Time-Barred Debts

Contracts: 4 years, (used to be six).
Contracts under seal: 20 years.
Sale of goods under UCC: 4 years.
Negotiable instruments: 6 years (13 PA C.S.A. .§3118).

Rhode Island Statutes of Limitation and Time-Barred Debts

Contracts and open accounts: 10 years (9-1-13(a)).
Breach of a sales agreement under the UCC: 4 years, (6A-2- 725(1 )).
Contracts or liabilities under seal and judgments: 20 years, (9-1-17).
Hospital liens: 1 year from payment, (9-3-6).
Against insurer to enforce repairer’s lien: 1 year from payment to insured, (9-3-11).
Support obligations of common law father: 6 years, (15-8-4).
Mechanic’s lien: notice given is one year and one hundred twenty days, (34-28-10. 10).

South Carolina Statutes of Limitation and Time-Barred Debts

Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).
Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).

South Dakota Statutes of Limitation and Time-Barred Debts

Contract: 6 years, (SDCL 15-2-13).
Domestic Judgments: 20 Years, (SDCL 15-2-6).
Foreign Judgments: 10 Years, (SDCL 15-2-8).
Claims of Fraud: 6 Years, (SDCL 15-2-13).
Sealed Instrument: (except real estate): 20 Years, (SDCL 15-2-6).
Actions not otherwise provided for: 10 Years, (SDCL 15-2-8).
Open Accounts: 6 Years, (SDCL 15-2-13).
Sale of Goods: 4 Years, (SDCL57A-2-725).

Tennessee Statute of Limitation and Time-Barred Debts

Breach of contract: 6 years, (T. C.A. 28-3-109).
Open accounts: 6 Years, (T. C.A. 28-3-109).
Domestic or foreign judgments: 10 years, (T .C.A. 28-3-110).

Texas Statutes of Limitation and Time-Barred Debts

The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

Utah Statutes of Limitation and Time-Barred Debts

Any signed, written contract, obligation or liability: 6 years.
Unwritten contract, obligation or liability: 4 years.
Open account for goods, wares, merchandise, and services rendered or for the price of any article charged on a store account: 4 years.
NOTE: A written acknowledgement signed by the debtor revives the SoL.
Judgment or decree of any court or State of the United States: 8 years.

Virginia Statutes of Limitation and Time-Barred Debts

Open account: 3 years from the last payment or last charge for goods or services rendered on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.
Virginia Judgments: 10 years, and renewable (extended) to 20 years.
Foreign judgments: 10 years.

Vermont Statutes of Limitation and Time-Barred Debts

Contracts and goods on account: 6 years.
Witnessed promissory notes: 14 years

Washington Statutes of Limitation and Time-Barred Debts

Written contracts and accounts receivable: 6 years, (RCW 4.16.040).
Oral contract: 3 years (RCW 4.16.080).
Recovery of property and judgments: 10 years, (RCW 4.16.020).

West Virginia Statutes of Limitation and Time-Barred Debts

Unwritten and implied contracts: 5 years, (W. Va. Code 55-2-6 (1923)).
NOTE: If a debtor makes an acknowledgment by a new promise, or voluntarily makes a partial payment on a debt, under circumstances that warrant a clear inference that the debtor recognizes the whole debt, the statute of limitations is revived and begins to run from the date of the new promise, (W. Va. Code §55 -2-8 )
Breach of a sale of goods, lease of goods, negotiable instruments and secured transactions under the UCC, is found Article 46 of the West Virginia Code.

Wisconsin Statutes of Limitation and Time-Barred Debts

Contracts, professional services, or an open account based on a contract: 6 years.
NOTE: Payments made toward the obligation toll the statute and the time period will then run from the date of last payment or last charge by the debtor, whichever occurs later.

Wyoming Statutes of Limitation and Time-Barred Debts

Any contract, agreement or promise in writing: 10 years, (WS 1-3-105(a)(i)).
Unwritten contract, express or implied: 8 years, (WS 1-3-105(a)(ii)).
Recovery of personal property: 4 years, (WS 1-3-1 05 (a) (iv)).
Dishonor of draft (check): 3 years, (WS 34.1-3-118( c)).
Judgment: 21 years.
NOTE 1: Judgments cannot be revived after twenty-one years unless the party entitled to bring the action was a minor or subject to any other legal disability at the time the judgment became dormant, in this case action may be brought within 15 years after disability ceases, (WS 1-16-503).
NOTE 2: If no execution is issued within 5 years from date of judgment or last execution is issued, the judgment becomes dormant and ceases to operate as a lien on the estate of the debtor, (WS 1-17-307).
NOTE 3: A dormant judgment may be revived in the same manner as prescribed for reviving actions before judgment or by action, (WS 1-16-502).

I Found I Owe an Old Medical Bill. What Can Credit Collectors do to Me? – Mark

Steve Rhode — Thu, 26 Feb 2009 16:11:52 +0000

From How to Get Out of Debt

“Dear Steve,

I am trying to clean up my credit.

I found that I owe a medical bill from 2003. What can credit collectors do to me? I thought that these end after a number of years.

Mark”

The Answer:

Dear Mark,

My first reaction is that if you owe the bill and you can afford to pay it, pay it.

The statue of limitations regarding how long the debt can be collected is different by state. For specific advice on that you should check with an attorney licensed in your state.

Otherwise, a credit collector could still go after you for the old debt.

Big Hug!

@GetOutOfDebtGuy

I’m a Twenty-Something Guy Who Has Made Some Really Poor Financial Choices. – Mike

Steve Rhode — Thu, 05 Feb 2009 14:23:42 +0000

From How to Get Out of Debt

“Dear Steve,

I’m a twenty-something guy who has made some really poor choices financially in recent years (I’m sure you’ve heard that before…).

About a year ago I consolidated several different credit cards into one extremely large account. This past spring, due to several different financial constraints, the minimum payment on that account became impossible for me to meet. I attempted to negotiate the minimum down with the creditor, but they (predictably) refused. As a result, I have not made a payment on the account since June.

The collection calls began shortly thereafter. I received an initial notification from the collection agency (which I’ve since learned is an in-house collector for the creditor) shortly after the calls began but have received no written correspondence since. I have never responded to the collection agency, either verbally or in writing. The collectors have called my place of employment and my parents’ home, but were told I could not be reached and instructed not to call again.

I changed my phone number about a week ago (along with contacting the phone company and hiding my new number behind a password lock). In addition, I live in the state of Pennsylvania, where wage garnishments are prohibited (although garnishments of bank accounts are permitted, with a court judgment, of course). I have absolutely no assets (i.e., I rent and am still making payments on my car – albeit barely…).

I think you can see what my ultimate question is here. Should I file for bankruptcy or continue my efforts to hide and ride out the statute-of-limitations clock here in Pennsylvania (which is 4 years)? The consolidation account is large (over $20,000) and I’m sure would be a nice prize for a lucky collector. However, I’m sure these people (and their attorneys) perform a cost/benefit analysis on debtors prior to initiating court actions.

Considering I have never acknowledged the debt and, as far as they know, could be lying in a ditch somewhere, should I try my best to wait out the clock? I do not want to file bankruptcy unless absolutely necessary (i.e., they sue) , but considering I honestly hold nothing of value and live in a non-garnishment state, is a lawsuit even likely? Coupled with other financial strains, the dread of opening my mailbox to find a notice from a law firm has become a little much. I feel like a piece of garbage from a moral standpoint, as I realize I’m hiding from my obligations. However, I simply cannot pay on this account. I can barely keep a roof over my head, let alone pay off an outrageous credit balance. Any honest advice would be greatly appreciated. Thank you for your time and consideration.

Should I file for bankruptcy or wait out the statute-of-limitations clock?

Mike”

The Answer:

Dear Mike,

Thank you for your question. I think you should file bankruptcy.

If there is no expectation that you are going to be able to afford to repay the money that you borrowed, then filing bankruptcy is the responsible thing to do. Why continue to look over your shoulder in fear and stress?

Some are going to take issue with me for so quickly suggesting bankruptcy. I am not the moral police. I don’t make judgments about if you are a good or a bad person for taking money and then not repaying it. I’ll leave that up to others.

Use this link to get a free bankruptcy consultation from a local bankruptcy attorney.

I look at the situation like this, if you can’t be responsible for repaying the debt, at least be responsible to stand up and address it with bankruptcy, rather than hide in fear.

Big Hug!

@GetOutOfDebtGuy

How to Get Out of Debt With the Get Out of Debt Guy » statue of limitations

I Owe Rogers Telecom in Canada. How Many Years Can They Sue Us? – Ellie

The Answer:

Other Related Articles to Read

I Have a Question About My Girlfriend’s Statute of Limitations and Her Gateway Computer. – Brian

The Answer:

Other Related Articles to Read

CACH, LLC is Suing Me for a Debt That is 11 Years Old. – Sharon

The Answer:

Other Related Articles to Read

They Say I Owe Magnolia Hospital a Debt From Twelve Years Ago. – Shelley

The Answer:

Other Related Articles to Read

Denise Can’t Find CACH, LLC And It is Holding Up Refinancing Her Home

The Answer:

The Answer:

Other Related Articles to Read

Do I Still Owe This Debt? – Celeste

The Answer:

Other Related Articles to Read

The American Consumers Nuclear Winter

Other Related Articles to Read

I Have a Zombie Debt. I Paid a Debt Off That They Want to Collect On Again. – Dawne

The Answer:

Other Related Articles to Read

Guess What You Might Not Owe? Your Mortgage!

Other Related Articles to Read

Statute of Limitations and Time-Barred Debts: State Information

Other Related Articles to Read

I Found I Owe an Old Medical Bill. What Can Credit Collectors do to Me? – Mark

The Answer:

Other Related Articles to Read

I’m a Twenty-Something Guy Who Has Made Some Really Poor Financial Choices. – Mike

The Answer:

Other Related Articles to Read