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Statute of Limitations

Statue of Limitations

 

When you are in debt and cannot pay it off, a creditor legally can collect their money from you. We all know how they do it, from letters to phone calls asking to you to pay it off. Statue of limitations gives creditors certain number of years to collect their money. If they are not able to collect that money in a certain years, legally they no longer come after you.

Let's say that you live in Alabama and you have applied for credit card with limit of $5,000.

 

For some reasons you are not able to repay that money on time and you fall behind your payment. Creditor starts to call you and send you letters that your account is in collection. Here is a tricky part. Creditors in this case has right to collect their money in 6 years period, as stated in our table below. After 6 years they can no longer come after you and it will take anywhere 2-5 additional years until negative collection will be removed from your credit report.

 

Ok, now about the tricky part. How does the creditor know when the 6 year period start? It is not necessarily the day you applied for your credit card. It is the day you stopped paying off your bill. But here is the tricky part. Let's say that you got a credit card in January 2000, than in April 2000 you stopped paying your credit card. You are in default, and this is the start of 6 years period for creditor. Now let's say that in January 2001 you make a payment, thinking you would like to pay it off. Well, the 6-year period is erased and starts again when you default. This process is called "restarting a clock" as called by most creditors.

 

Once you default on a credit card make sure you fully understand statue of limitations. Our table below shows limitations for each state.

 

Statue of Limitation Table:

State
Years
Statue
Source
Alabama
3 years
6.2.37
State law
Alaska
3 years
9.10.053
State law
Arizona
3 years
12-543
State law
Arkansas
5 years
4-3-118
State law
California
4 years
337
State law
Colorado
6 years
13-80-103.5
State law
Connecticut
6 years
52-576
State law
Delaware
3 years
Title 10, Sec. 8106
State law
D.C.
3 years
12-301
D.C. official code
Florida
5 years
95.11
State law
Georgia
4 years
9-3-25
State law
Hawaii
6 years
657-1
State law
Idaho
5 years
5-216 & 5-222
State law
Illinois
10 years
5/13-206
State law
Indiana
6 years
34-11-2-9
State law
Iowa
5 years
614.5
State law
Kansas
5 years
60-511
State law
Kentucky
5 years 
413.120
State law
Louisiana
3 years
2-3494-4
State law
Maine
6 years
14-205-752
State law
Maryland
3 years
5-101
State law
Massachusetts
6 years
5-260-2
State law
Michigan
6 years
600.5807.8
State law
Minnesota
6 years
541.05
State law
Mississippi
3 years
15-1-29
State law
Missouri
5 years
516.120
State law
Montana
8 years
27-2-202
State law
Nebraska
4 years
25-206
State law
Nevada
4 years
11-190
State law
New Hampshire
3 years
382-A:3-118
State law
New Jersey
6 years
2A:14-1
State law
New Mexico
4 years
37-1-4
State law
New York
6 years
2-213
State law
North Carolina
3 years
1-52.1
State law
North Dakota
6 years
28-01-16
State law
Ohio
6 years
2305.07
State law
Oklahoma
3 years
12-95
State law
Oregon
6 years
12.08
State law
Pennsylvania
4 years
42 Pa. C.S. 5525(a)
State law
Rhode Island
10 years
9-1-13
State law
South Carolina
3 years
15-3-530
State law
South Dakota
6 years
15-2-13
State law
Tennessee
6 years
28-3-109
State law
Texas
4 years
16.004
State law
Utah
4 years
78-12-25
State law
Vermont
3 years
9A-3-118
State law
Virginia
3 years
8.01-246
State law
Washington
3 years
12-301
State law
West Virginia
5 years
55-2-6
State law
Wisconsin
6 years
893.43
State law
Wyoming
8 years
1-3-105
State law

 
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