Most people don't know this but each state has a time limit for creditors to sue for nonpayment. It is important to know your states limit when dealing with collection agencies. Once a debt is passed the legal limit they cannot sue however they can ask you to repay them and continue to damage your credit score.
How Long Do I Have
Well for most states its around 3 - 7 years after the account is delinquent. In most states once the account is delinquent the clock starts ticking however in other states it can take up to six months after the last payment for the clock to start. You can see below for a list of states and limits please verify the information with your state before any action the laws can change.
So They Can't Call Me Any More Right
Wrong the creditors can still call you and ask you to pay. They can even sue you if they want however all you need is the proper documentation of the last payment or use of the account. If you don't have it the original creditor is obligated to provide it upon your request. If they refuse to give you the documentation you must fill out a document called "Small Claim Subpoena For Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration". Look it up on the next and you will find it. Send it certified mail, now if they don't provide you the info needed you can present that in court and the case will be dismissed. Remember you legally don't owe the debt and as long as you take the right steps they can't collect.
So My Credit Will Be Fine Now Right
Wrong again. They can't really sue you and win anymore but they can and will put it on your credit report and it will remain there for 7 years (THE FAIR CREDIT REPORTING ACT ).
Statutes Of Limitation By State
State | Oral | Written | Promissory | Open-ended Accounts (Credit Cards) | State Statute: Open Accounts |
AL | 6 | 6 | 6 | 3 | |
AR | 3 | 5 | 5 | 3 | |
AK | 6 | 6 | 3 | 3 | |
AZ | 3 | 6 | 6 | 3 | |
CA | 2 | 4 | 4 | 4 | |
CO | 6 | 6 | 6 | 3 | |
CT | 3 | 6 | 6 | 3 | |
DE | 3 | 3 | 3 | 4 | |
DC | 3 | 3 | 3 | 3 | |
FL | 4 | 5 | 5 | 4 | |
GA | 4 | 6 | 6 | 6 | |
HI | 6 | 6 | 6 | 6 | |
IA | 5 | 10 | 5 | 5 | |
ID | 4 | 5 | 5 | 4 | |
IL | 5 | 10 | 10 | 5 | |
IN | 6 | 10 | 10 | 6 | |
KS | 3 | 6 | 5 | 3 | |
KY | 5 | 15 | 15 | 5 | |
LA | 10 | 10 | 10 | 3 | |
ME | 6 | 6 | 6 | 6 | |
MD | 3 | 3 | 6 | 3 | |
MA | 6 | 6 | 6 | 6 | |
MI | 6 | 6 | 6 | 6 | |
MN | 6 | 6 | 6 | 6 | |
MO | 5 | 10 | 10 | 5 | |
MS | 3 | 3 | 3 | 3 | |
MT | 5 | 8 | 8 | 8 | |
NC | 3 | 3 | 5 | 3 | |
ND | 6 | 6 | 6 | 6 | |
NE | 4 | 5 | 5 | 4 | |
NH | 3 | 3 | 6 | 3 | |
NJ | 6 | 6 | 6 | 6 | |
NM | 4 | 6 | 6 | 4 | |
NV | 4 | 6 | 3 | 4 | |
NY | 6 | 6 | 6 | 6 | |
OH | 6 | 15 | 15 | 6 | |
OK | 3 | 5 | 5 | 3 | |
OR | 6 | 6 | 6 | 6 | |
PA | 4 | 4 | 4 | 4 | |
RI | 10 | 5 | 6 | 4 | |
SC | 3 | 3 | 3 | 3 | |
SD | 6 | 6 | 6 | 6 | |
TN | 6 | 6 | 6 | 6 | |
TX | 4 | 4 | 4 | 4 | |
UT | 4 | 6 | 6 | 4 | |
VA | 3 | 5 | 6 | 3 | |
VT | 6 | 6 | 5 | 3 | |
WA | 3 | 6 | 6 | 3 | |
WI | 6 | 6 | 10 | 6 | |
WV | 5 | 10 | 6 | 5 | |
WY | 8 | 10 | 10 | 8 |
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