Debt Statute of Limitations Explained

What is the debt statute of limitations (SoL)? Generally speaking, its the legal time limit that bars enforcement of the debt through the court system. It does not apply and is not the same for all debts, and a debt may have more than one applicable statute of limitation! Use the information on this page and website to learn about your state’s Statute of Limitations on debts and whether or not the rule applies to your situation. If you think a debt collector is reaging a debt, trying to collect a debt that is otherwise past its limitations period without telling you, or is making other false or misleading representations, they are likely committing an FDCPA and you may be a victim of unfair or illegal debt collection tactics. Submit your information to a FREE* Fair Debt Lawyer for a free case review. The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!

And although you want to consider paying any valid debt, at some point in time and for a myriad of reasons, many of us encounter financial difficulties. When financial disaster strikes, we need help which is why we have laws such as the statute of limitations, as well as fair debt and credit laws such as the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, Truth In Lending Act, Electronic Fund Transfer Act and other must know consumer rights. Use the information below to educate yourself on the statute of limitations before paying a debt or making any decisions that might effect your personal financial situation.

how do i stop debt collection harassment

View the Statute of Limitations for Your State

Although there are State and Federal Statute of Limitations on certain types of debts, this page concentrates on statute of limitations as defined by state laws and state civil collection codes!

WARNING! Not all debt has a statute of limitations! Also, when the SoL expires, it can be used as a defense to bar collectors from collecting through the courts, however the debt DOES NOT go away! Collectors can still attempt to collect the debt using other legal dunning methods.

For instance, there is NO statute of limitations on:

  • Federal Student Loans;
  • Most Types of Fines;
  • Past Due Child Support (state dependent); and
  • *Taxes (In many cases, income taxes have a 10-year SoL but this can be suspended as well as have more time added by filing the proper forms. Check with a local tax resolution expert about your particular situation.

Statute of LimitationsThe Statute of Limitations on debt depends on the type of debt and your State’s civil debt collection codes. Generally, unsecured debt expires 3 to 6 years after the last missed payment or the consumer’s last activity on the account. Written contracts such as car loans generally expire after 6 years. Judgments can last up to 20 years and can require the judgment be renewed at a certain point such as the 6-year point.

Generally, the statute of limitations for collecting debts begins the moment you sign a credit contract! However, just about every state has specific rules on the running of the statutory period and some even have provisions to adjust (toll) this period.

The term “toll” or “tolled” means to “stop the running of a statutory period for a certain period of time”. Many states use this term in their statutes of limitation rules and civil codes for debt collection.

For example, lets say that you live in Florida where the statute of limitations on credit card debt (open ended credit) is 4 years. You do not make any payments to your credit card company for two years leaving only 2 years to go before the statutory period is up. Suddenly, you decide to move to Georgia, stay 12 months and then move back to Florida.

Florida statutes say that leaving the state or making a voluntary payment tolls (stops) the running of the statutory period. So, on the day you move back to Florida, the remaining 2 year statutory period begins running again.

On the other hand, if you had two years left on the statutory period and suddenly decided to make payments for 12 months but then stopped again, the 4-year statutory period begins running again. In effect you’ve reset the clock.

In some cases, making an actual payment or making a verbal or written promise to pay can reset or restart the limitations depending on your state code.

WARNING! While the statute of limitations (SoL) is running or even after it’s expired, making ANY payment or signing a promissory note can reset or restart (depends on your state law) the statute of limitations. Always ensure the debt is valid, and then check your state laws to see if the debt has a statute of limitations BEFORE taking any other action such as making a payment or signing an agreement to make payments.

EXAMPLE: Let’s assume the SoL on a personal loan in your state is four years. On January 1, 2000, you sign the loan papers with the first payment due February 1, but you never make a payment. The SoL expires February 1, 2004. (Four years from the date of the last delinquent payment due date that a payment was missed).

Using the above example, let’s assume you receive a collection call in February 2003 (1 year before the SoL expires) and, based on that call, make a $50 payment with a promise to pay each month. That payment can either toll (stop) the collection time clock or reset it. If you fail to make another payment and your state allows the clock to be reset, then in this example, the clock restarts from the date of the next missed payment and runs another four years.

Credit cards and personal loans are good examples of “stopping the collection time clock” because each monthly payment restarts the clock. These payments are usually minimum payments and are normally for unsecured credit (although this has no effect on the SoL). Secured credit is usually not a collection issue because the creditor simply seizes (repossesses the item).

However, it’s worth mentioning that, in most cases items that are repossessed are often sold at auction for far below what is owed. The result is an unsecured debt that the debtor is still responsible for and expected to pay.

The statute of limitations for the collection of debts is not well known and is often misunderstood. Each state has its own specific rules. I highly encourage you to learn your state’s rules.

IMPORTANT! Many people believe the statute of limitations for credit reporting (7 to 10 years) is the same as the statute of limitations for enforcing debts! They are not the same! See credit reporting SoL

When collection agents call you demanding a payment on an old debt, making ANY payment, including a “token payment” can reset or restart the SoL clock and open the door for the collector to seek a judgment against you. Judgments are state-dependent but can run as long as 20 years and even be renewed in many states.

IMPORTANT: Although the statute of limitations has expired (the time allotted to legally enforce the debt in court) collectors can still attempt to collect expired debts (unless they were discharged in bankruptcy) and even take you to court to try and enforce the collection of debts. However, if you meet your state’s qualifying criteria and raise the “Expired Statute of Limitations” defense, the case is generally dismissed on the spot.

debt collector harassmentWhen the statute of limitations has expired, and you cannot pay the debt, consider sending collectors an “Expired SoL Letter” to inform them of your financial situation and that you are aware of the expired SoL defense and will use it as your defense if taken to court. Unless you inform the person trying to collect the debt that the statute of limitations has expired, or bring it up during a court appearance, the collector stands a good chance of winning a judgment against you.

Warning! As stated earlier, even though the statute of limitations has expired and you are unable to pay the debt, you can still be hauled into court. So, you must appear in court to raise the expired statute of limitations (SoL) defense. If you fail to appear in court, collectors stand an excellent chance of obtaining a default judgment.

Winning judgments gives collectors a long time to pursue you!!!

Quite often collectors convince debtors to make “token payments” and then they quietly seek a default judgment. Unfortunately, many debtors only learn of the judgment when their bank accounts are seized or their wages are garnished!

IMPORTANT NOTE: If you discover a default judgment against you and you were never notified of the court hearing, immediately contact the clerk of the court for copies of the court documents. Look over the documents carefully for any misinformation, missing or incorrect information. If you can show the court that you were not given due process, you stand a good chance of having the default judgment overturned.

What to do when debt collectors demand payment!

If you are not aware of the debt or are unsure if the debt is valid, DO NOT agree to anything until the collector has validated the debt in accordance with the FDCPA, and your state laws (if applicable) and you have verified the statute of limitations! See Statute of Limitations – by state and type of debt!

Statute of Limitations on Credit Reports

Do not confuse the statute of limitations for debt collection with the statute of limitations for credit reporting. See the rules in The Fair Credit Reporting Act (FCRA)!

For example, let’s say your State’s statute of limitations for collecting credit card debt is only four years. After fours years you can legally refuse to pay the debt however, according to the Fair Credit Reporting Act (FCRA) the debt can still be reported for seven (7) years from the date of your last missed payment date.

Some debt collectors hope that, because the debt is still on your credit report, you’ll think they can still collect! Again, before agreeing to anything verify the debt is valid and check the statute of limitations!

The federal FCRA limits the number of years credit reporting agencies or credit bureaus can report most types of debt to either 7 or 10 years. Some debts remain much longer such as tax liens which remain for 7 years AFTER being paid or indefinitely if not paid. Be advised that offering to pay less than the amount owed on a tax debt can extend the statute of limitations for reporting the debt.

Credit Reporting Time Clock

The Fair Credit Reporting Act clearly defines how long negative information can be reported!

IMPORTANT NOTE: New activity such as debt collection attempts or you making a payment does not restart the credit reporting time clock (except for taxes)!

Judgment Proof

Special Note: Judgment-proof is the commonly used term but a more accurate term would be “execution-proof”! Although creditors and debt collectors win lawsuits, they still have to collect thus, if you are penniless you are insulated not from judgment but from execution (collection of the debt – at least temporarily).

You may be considered “Judgment Proof” during periods of unemployment, while drawing disability pay or disability retired pay or if you have no assets such as home, car, land, and other big-ticket items. In other words, you have no money and no income and can prove it!

Never ignore a lawsuit just because you are broke or have no assets! If a debt collector or creditor is trying to sue and you believe that you are judgment proof, you must respond to the lawsuit as such. Failure to appear and show the judge why you are judgment proof opens the door for the judge to grant the collector a “default judgment”. Even though they cannot collect anything from you now, they can wait many years and try again. Also, the judgment show up on your credit report and costs you many points on your credit score!

If you lose your “judgment proof” status because of a change in your financial status, creditors or collectors can seek a judgment and, if successful, also seek wage garnishment of up to 25% of your disposable income.

Once you’re employed again or your financial situation improves, it’s better to negotiate a reduced payoff rather than risk a court-ordered judgment. The difference is your credit report will show “debt settled” instead of the more negative “judgment”!

See our in-depth explanations of fair debt act (FDCPA)

If you believe you are a victim of unfair or illegal debt collection tactics, submit your information to a FREE* Fair Debt Lawyer by:

The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!

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  1. If I have a judgement against me can the plaintiff add his wife after the judgement. Also after the plaintiff dies can the trust take over. I have not received any papers advising me of it. I picked up my complete case file and there is nothing on a motion to add his spouse or trust. This is in Indiana.

    • Give us a call we should look into this more and determine if there are any violations of your fair debt rights. 888-595-9111

      • is there anyway I can email you what went on about the case and the court case summary. If not when I call whom do I ask for

        • Thank you for your question. Please call 1-888-595-9111 a legal assistant is available and will gather some basic information about your situation for the attorney. Our case review is at NO COST and NO OBLIGATION.
          you may fax documents to 1-866-773-6152 or

          • I have a judgement against me. A company, Transworld Systems Inc is the company that is collecting. Last year I needed my driver’s license and the only way to get them was to make installment arrangements. They required a debit card so that they payments would come out automatically. I have a representative payee. I gave them the card number with her name on it. Each month they send me a notice telling me that the payments will be deposited and to make sure the money is there. The money goes into her account from social security every third of each month. For 12 months I have been receiving the same notice. I received a notice from NJMVC that my driving and registration privileges have been suspended due to non payment of installment payments. I called the company and they told me that they have been declined since last march. I never received any notice warning me that there was a problem. They still have not written me regarding this situation. The only correspondence that I received is the notice telling me to make sure the funds are in the account. ($100.00 p/m) Even though I used my payee’s card number, the money was there at any time for them to take it out. Is it legal for them to have taken legal action against me under these circumstances even though they never (and still won’t) contact me in writing. What can I do?

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  2. If I agreed to pay an out of statute debt on a payday advance loan and my credit card payment was declined did I just reset the statute of limitations on a debt that was 7 years old. I thought I would have the money but it turned out that I didn’t?

    • Before agreeing to pay any account it’s best to determine the validity of the debt. The good news is we can help you, it is possible that you have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!


    • If what you write is accurate, your FDCPA rights have likely been violated. Give us a call, let’s see how we can help.

      • I have the same situation about a judgment I knew nothing about and they filed the original judgement on 2003 and just froze my accounts in November ber 2015…

  4. Hello,

    Obtained a personal loan in 2005 from Finance Co. I made payments as scheduled through 2009 and stopped due to financial difficulties. By then i still owed $1,272. Now sued for $2,455.94 (exclusive of post judgment interests and costs) pursuant to Florida’s §77.041, per the Continuing Writ of Garnishment Against Salary or Wages letter sent to me (never received) and my employer (who provided me a copy) and they have begun deducting 25% of my pay as of May 2015. I have a 15 minute hearing scheduled for 7/13/15 after I filed a Claim of Exemption/Request for Hearing. I realize that i didn’t make good on this debt BUT, isn’t there a statute of limitations on personal loans for the State of Florida? I’m not sure what i can say to the judge in under 15 minutes?

  5. i signed up for a ace hardware credit card more tan 7 years ago in arkansas. the statue of limitations in arkansas is 5 years. i moved to wyoming 3 years ago. i just received a court summons from an attorney in cheyenne, who is representing a collection agency. i will answer the summons quickly but my question is does the statue of limitations apply from the state i got the credit card(arkansas) or the state in which i live in now. i received my 3 credit reports from the 3 agencies and this debt is not on ay of them. can you help. i called the attorney generals office and they said they don;t know. i contacted 2 bankruptcy attorneys in wyoming and one said he wasn’t sure(probably just wanted my business for bankruptcy) and the other one said it sound like i have a good case forSOL. he said to answer the summons and try and have it dismissed on grounds of SOL> he said just wait to see what they say. can you help?

  6. I have a judgment lien on reporting from a vehicle repossession in 2007. A few months ago, my credit report stated that it was due to drop off in October of this year. Today I noticed that it is now reporting the lien is dated 2014 and I am assuming that is was refiled. However, I have read that recent changes in Ohio Law require refiling every 5 years. I plan to call the Municipal Court tomorrow that granted the lien and request a copy of all Court records. If I find that the refiling was not complete within the SOL, should I address the Court? To add, the original creditor with whom I signed the car loan sold the debt to a secondary creditor during the time I was paying. The second creditor hired a collection law firm who has been handling it since I opted to voluntary surrender the vehicle. Therefore, I cannot imagine they have any documents with my signature/original contract to begin with. I have revolving credit and pay EVERYTHING on time. This is the only derogatory mark on my credit and stopping me from buying a home. Thanks!

  7. My Chapter 13 case was discharged August 2013. I had a military star card (AAFES card) which was part of that chapter 13 bankruptcy. May 2015 AAFES started garnishing my SSDI check. Is the creditor allow to do this to me? Presently am behind on all my bills because i could not adjust my household budget around this $150 decrease in income.

  8. Can I be sued in court on credit card debt that the SoL has run out on? The collection agency lawyer says it was filed before it expired, so yes they can.

    They might have filed it before it expired….but i was not served until 2 weeks after it expired.

    I told the judge today…it was a time-barred debt….he said he hasn’t heard that term in a long time.
    Now, we are going to Trial…..I just want this case missed!!! I don’t like judgements against me.

    So, tell me….is the Lawyer right? or am I? Michigan says 6 years….my last payment was June 4, 2009 (6 years, 2 months, and 6 days ago.) I was served on June 15, 2015

  9. I live in Virginia, I had a judgement entered on me in NC on June 20, 1996 by GMAC. I recently found out that a law firm in NC has entered a new judgement on me for Dec. 6, 2006. The original judgement would have expired on June 20, 2006. So if this debt collector law firm filed a new extension in the same court, trying to extend the original judgement, would the CIVIL FILE DATE BE THE SAME AS THE NEW JUDGEMENT DATE? This judgement is no longer on my credit report and I have great credit now. I just recently received a letter from the law firm stating that I have a judgement entered on Dec 6, 2006 which would expire on Dec 6, 2016. I am freaking out here, as the letter says I have 30 days to pay up or a NOTICE OF RIGHTS TO HAVE EXEMPTIONS DESIGNATED WILL BE SERVED. PLEASE, PLEASE ANSWER MY QUESTION AS SOON AS POSSIBLE. ( IS THE CIVIL FILE DATE THE SAME AS THE NEW JUDGEMENT DATE ENTERED) ????? AND IF SO, WHY WAS THE NEW JUDGEMENT DATE ENTERED 6 MONTHS AFTER THE SOL ON THE ORIGINAL JUDGEMENT????? THANK YOU

  10. I have a credit card debt that went into collections in mid-2010 in California. I recently moved to Arizona in June 2015 after the statute of limitations had expired in California, and the debt collector has referred the account to an attorney’s office in Arizona (where the statute of limitations is 6 years). Was the statute of limitations extended by my moving to a new state, or has it already expired, since the original contract was signed in California, and I lived in California until the statute of limitations had expired?

    • I have the same situation, Josh, and pretty much the same timing. Last payment to cc was may 2010 and moved to Oregon (6 years sol). Did you ever get this resolved?

  11. Question: Does a Second Mortgage holder have any rights to sue or, to Deed Title, if they have not done so prior to expiration of Statute of Limitations? Lastly can I request and receive Deed Title release from 2nd Mortgage holder (Collector) if the Statute of Limitations has run out on them?

    Facts: I have a 2nd Mortgage that is 2,292 days delinquent (6 years 28 days) based on the last statement Sept 1, 2015, I have not communicated with the debt collector nor made ANY payments of any kind to any entity on this 2nd Mortgage since May 2009. Oregon’s Promissory Note Statute of Limitations is six (6) years. I have not been served notice of any pending litigation relative the this default, either by being served in person, nor by regular mail, and I checked with a Title company this morning and they do not show any judgment or court proceedings relative to my property other than various Deed transfers or assignments over the years from original lender to the multiple collection companies that it has been sold to over time. Lastly, the current debt collector did not take the time to transfer the deed into it’s name.

  12. A collections company has a judgment against me which SOL will expire in 14 months. 9 months ago they attained a writ of garnishment in Colorado. They executed the writ 1 time and my check was liened 79¢. Does that garnishment restart the SoL?

  13. Could you please tell me what the Sol on repossessed cars/loans is in oklahoma

  14. Hello, i have an old judgement against me that is over 10 years old…i have been paying $50 a month..for several years now..howeveri have missed payments when times are hard, considering i am a single mother with no child support. They are threatening to take legal action to collect the remaing debt..what are my rights on this?

  15. I just recently decided to check court records were I lived back in 2009. I saw something that didn’t look right in the court documents. A judgement. They have never pursued me since about paying on this judgement and I do not recall ever being served a complaint. Do I have any recourse on this to reverse the rulling

  16. Does buying/selling a debt restart the statue of limitations? I have noticed on my credit report that once a company learns that I am 100% permanently disabled and do not have any garnishable income, they sell the debt and I doubt disclose its not collectable.

  17. I defaulted on a SBA 7a loan in 2008 and just received a strange letter today demanding
    payment in full with interest. This is the first correspondence I have received in 8 years.
    Is there a statue of limitations on trying to collect on a loan?

  18. I defaulted on a SBA 7a loan in 2008 and just received a strange letter today demanding
    payment in full with interest. This is the first correspondence I have received in 8 years.
    Is there a statue of limitations on trying to collect on a loan?

    • check your state’s SOL!! Do not pay anything or agree to anything. The only thing you should say if you correspond is You are using your Expired Statute of Limitation defense if pursued with a judgement.
      Read up online about SOL and how it works. You do not want to restart/reset the time clock on statute of limitation for another 3-7 years depending on the state you live in. It stays on your credit report for 7 years but that should already have been wiped clean by now. So don’t do anything with the debt until you do your due diligence. It sounds like you are not required to pay anything. If they take you to court you can then exercise you Expired Statute of Limitations defense and it will be dismissed by the judge. But you do have to show up to do this!

  19. I have just received notice of a judgement against me on January 4,2016 for old credit card debt with CitiCard. The plaintiff is Cavalry and they filed on 5/8/15. They provided a copy of a statement reflecting a payment on the account in 8/2011. The payment they reflect is for $77 and the minimum payment was $66. Problem is the $66 payment was on a different account I had with CitiCard and no payment has been made on the account in question since 2009. In addition, I was not served by a process server. I did receive a copy of the claim in the regular mail but no instructions and no official guidance about the case, just 5-6 pages of their claim of non payment. I was also not informed of a court date or any information on the process before getting the letter indicating a judgement was filed and requesting method of payment offering a schedule or lump sum. Can I appeal? I am more concerned about the credit report hit.and would lay the amount due just to keep it off the report regardless of the SOL or due process. Any comments would be appreciated as these things appear to move at their own pace in silence.

  20. I have a judgement on my credit from an individual. The judgement is related to car damages that the individual delayed to repair and is pinning on me. I have tried to work with the individual on paying the judgement but she refused and says I need to go through the court to pay it. It occurred in May 2013, during which I was unable to appear because of a college final at the same time of the court hearing. I did attempt to contact the county clerk to reschedule the hearing but they refused. It has been almost 3 years and the individual has taken no further steps to collect from me. Is there anything I can do to get the judgement off my credit due to no due diligence on collecting the debt or allowing me to pay the individual directly? Even if I did pay her directly, I have a strong feeling that she would not sign the Release of debt in order for me to file with the court to have the judgement set to satisfied…

  21. If I have 4 evections +default judgements) from the same apartment complex and they agree to go to court and have them dismissed; because “someone must have forgotten to dismiss them” almost 7 years ago, will that clear from my credit report or start a new 7 years? I’m worried that they may tell the judge that the “debt” was paid and settled instead of asking for a dismissal of the case. Also, how do I sue the apartment complex that put me through hell all these years later?

  22. I have been reading for months on tbis and my rights. I feel i may have a leg to stand on if someone can reach out tk me please and help me see if and when my rights were violated. I do have access to all credit reports to validate date for things like SOL and such. I have a judgement on me with a old and charged off loan company. National collegiate trust. I’m insulted by the collector and they have lied a few times now about my debts. Also they have my dad thinking he now has to pay money now and its a whole mess. Plus i have some questions please call me or get me a number to call…

  23. Does the state of Virginia has a law to toll statute of limitations being out of state or leaving the state before it expires?

  24. HELP!!!! My wife took out a unsecured loan from cash call in 2005 we tried to get them to take the money back they said nope its yours now you can pay all the fees and the money back and that is the only way we will take it back. we lived in Utah then and did so till 9/1/2012 when we moved to Michigan. We started to get harassing phone calls where my wife would not even admit the debt was hers the guy on the phone said he would give her till the following Friday to contact their office with payment arrangements or they would make us pay, telling her she was a bad person and a piece of sh*& because they were having to call. Went about 2 years didn’t hear anything then my wife gets a notice that they are going to garnish her wages. fast forward about 6-9 months to present we file our taxes and kinda wondering whats going on with our state return so we check the web site and it tells us we are not getting our money because of a judgement from a 3rd party debt. I now have in my possession form 744 which I assume that Michigan sent to us telling me if I want my share of our return I have to fill out this for and send it in, well it says I have 30 days from the date on the letter which was the 24th of February 2016. in the mean time we have had to take our youngest to Minnesota to the children’s hospital 3 times since I received the letter and haven’t had time nor the energy to try and figure out what to do but figured where as I seen it tonight probably better do something quick.

  25. I informed a pay day loan numberous times judgement proof unemployed for over a year now got part time work and they are harassing my family I am disable veteran and do not need this stress

  26. Good day. My mother currently lives in California n has been living there for over 23 years. She currently went to the DMV to renew her drivers license and was informed about a “PDPS”, which is a new law (2014) which states if a person has anything against them or their license their license will be suspended until the issue is fixed. She found out she has a judgment case against her from an auto accident from 8/92. The person filed 8/94, 1 day before the statue of limitations in Pennsylvania. Her judgment is for $6,000. I guess the question I have is can this still be charged after all these years and she wasn’t aware of it due to in 8/93 we moved to California? The court dockets states the she was served in 11/95 in Philadelphia, again we were living in California at the time. Please help. Thanks, n hope to hear back soon.

  27. I have the jenka group contacting me for a payday loan they claim that I took out in 2007. I lived in new York at the time and I now live in Pennsylvania. They said that the statue of limitations to sue for a judgement has passed. I truly don’t remember any payday loan with the agency they named. What are my rights and what can I do? When I asked him to send me something in writing by email, he got annoyed and said that I’m refusing to pay so he Hung up. The jenka group is located out of Illinois but he called from a Pennsylvania number

  28. I have a default judgement against me. I never received a summons to court. The court minutes summary doesn’t show that a summons was ever ordered. This is from a medical bill in 2003. I have paid $1k of the judgement of $4,049.92 I am just learning now about the FDCPA. This happened in Indiana. Is there anything i can do?

  29. I am a former employee of the Dept of Interior/NPS in Florida. I left the agency in September of 2006.
    Last month I received a dept notification from the NPS stating a debt in the amount of 4800.00
    dollars that I owed after almost ten years of not being notified! All of this went through the court system where I paid the restitution amount stated at the time in 2006. Can they try to collect this after the whole matter has already gone through the court system in Monroe County in Florida?

  30. We move from the USA in 2008.
    Wi live In Central America
    In 2013 we found out that a ele bill was not paid.
    When does the SOL run out on this ele bill the bill was from rental property in West Virginia.
    We do not own any property in the USA

  31. I just won a Motion for Default Judgement today, I was served a Summons in Nov2015 and responded to the attorney certified mail, there was not a case number assigned to it (I double check with the court)

    July 21, 2016 got a package saying they are asking for a Motioning for Default Judgement they entered on May 11,2016. I submitted my (Motion to dismiss Judgement) documents to the court and again to Plaintiff certified before the court hearing date scheduled for today August 12th.

    Today the judge said I did answer the complaint and the attorney fumbled like she had no idea I responded in Nov 2015.

    Hope I am making sense…The hearing was today August 12th, and the Statutes of limitations is May 31 2016. Which is up now, I forgot to mention that to the Judge.
    He mentioned them sending us both a hearing date.
    Plaintiff tried to tell me (in the hall) that what will happen is they will send me a another Summons or Motion for Summons, I was a little excited because I won, I am forgetting her exact words, but I am sure she was trying to throw me off.
    If the Statutes is up, do I even need to go to trial or at least prove to the court the statutes of limitations is up, so trial is not necessary?
    If I had mentioned that to the judge would this have just been over? Or Since they originally entered this in May 11, 2016 does it continue from that date? I wish I had mentioned the time barred date to him.

  32. I reted a car for my late friend 27 yr ago. My credit card company did not send me ant statement. Are they still entitled to collect from me?

  33. Hello,

    I live on Colorado. I have a debt that is being collected on by an attorney. The SOL has expired and I believe they plan to try to get a judgement to garnish. Because of this 1 debt I decided filed for Bankruptcy. I have just filed, and have now changed my mind. I haven’t paid any of the court costs ect. and I did it pro se. I have very few debts on my credit report and they are from a time I was out of work. I should be able to pay those off, and wouldn’t have ever considered bankruptcy for what is actually showing on my report. My question is this, if the last payment made to the debt was sometime in 2008 can they sue me and win? I haven’t spoken to them, nor paid them in over 8 years and Colorado’s SOL is 6. I had notified them of the bankruptcy before I changed my mind (again I did file my paperwork but that is as far as it has gotten, although the fact that I have sent that is showing my my credit report now). My Next question is should I tell them I have changed my mind about the bankruptcy and send them the SOL letter or should I just send the SOL letter and proceed from there?

  34. I used to owe child support from a case in New York. Default was issued March 1984. It’s now 32 years later and thus well past the 20 year SOL. I got a job earlier this year in California, but then they had to let me go after receiving an Income Withholding Order (IWO) from the NYS Child Support Processing Center in Albany, New York. I can’t afford a big time lawyer (need a job for that), but is there a service that sends a letter responding to the IWO that will both comfort my former employer enough to take me back and also allow him to send the same letter if he continues to get further threats/orders by the NYS Child Support Processing Center in NY?

  35. My Father was contacted by the Office of investigations Fraud & Economic Complaint Unit. They told my father that I was going to be arrested over a payday loan that I supposedly forgot to pay. When I called and spoke to Jasmine Wright I was told the same thing. That this was considered check fraud, extortion that they already had a case pending against me. However, everything could be stopped if I pay money today. I am thinking this is not allowed. I realize it was a check but I did not do this intentionally, the issue goes back to 2010. I believe it is a barred debt. Is this a legal tactic for debt collection

  36. A debt collector contacted me yesterday attempting to collect a debt over 8 years old. I informed him on NY the SOL is 6 years and I am aware of that.
    He than got the “vp” of company on the line who told me yes the SOL is 6 years but it didn’t apply to them because the debt was bought by another company in 2013 before them so by another company buying it the clock reset.
    I remained firm that SOL was 6 years and he said it did not apply and that I needed to pay to make this all go away.
    He said he could tell I knew the State limitations on the SOL but told me I didn’t know that when another collector buys it it resets the clock. He said to make it all go away I needed to give him 100 right now and make monthly payments.
    I outright asked him if the SOL was in effect still and hebsaid yes because of another collector buying it.
    Are they allowed to lie like that.

    • No. Do you have anything in writing from them? What company? We sent you an email for more info, sounds like a possible FDCPA violation. Please reply or call.

  37. I am currently dealing with a headache of a debit I owe to a old friend, try to make this as short as I can.. ok i borrowed exactly 9500$ from a friend ,who use to be a police off in the small town in Indiana I live in.. well I got arrested for a different situation and couldn’t make payments any more so he sued me, for 27,000$ I was currently serving time for the said other situation when I had to go to court for it, well I feel his attorney okie dokie me, cause someone I left court that day agreeing to pay 70$ a week starting as soon as I was done serving my time in different (criminal) case.. but now this thing has completely consumed my life, it is really hard for me to get a job in this town because of felony convictions I have in this small town!!! And do have back problems.. so it got dropped to 50$ a week ,which I clearly cannot pay.. so now they have me reporting to court house every single Monday if I don’t make payment on the Friday before .and if I do not report on that Friday, the put a writ of attachment out on me, which I have been embarrased and arrested numerous times on this matter, I mean I have 0 freedom because of this.. and I mean I’m handcuffed and shackled to go to court and jail.. which I feel is absurd for a civil matter… I feel like I cannot live my life at all and I have a 9 yr old son that plays a lot of sports in town, and I most of the time cannot attend because I ALWAYS have a writ of attachment out on me and do not want to embarrass my son and maybe get arrested for this in friends because of a civil matter!!!! Is there anything at all I can do?? Can I get it to where I can pay 5-10$ a week on it so something is getting paid so I can have my freedom back?? Or is there any other options I have??! And also I haven’t been in any criminal trouble in over 7 yrs, I’ve changed my life tremendously!!! I must add!! Please is there anything I can do, and I feel because he was an officer in this town is why I’m being treated like this!!! Please help!!! Thanks for your time

    • That’s a lot to unpack in there. But it sounds like the debt qualifies as consumer debt, the question is whether the lawyer is a debt collector. We sent you an email, please reply or call.

  38. Early May, I received a collection letter for a debt that was from 2008. The Statute of Limitations has expired for suing (4 years in CA), and it has already fallen off my credit report also since past the 7 year limit. This was a credit card debt.

    The letter says “Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgement (there was none – I was not sued) and mail you a copy of such judgment or verification.” It also goes on to say “The law limits how long you can be sued on a debt. Because of the age of your debt, DNF Associates LLC will not sue you for it, and DNF Associates LLC will not report it to any credit reporting agency.”

    They obviously know it is too old to take me to court and too old to report to the credit bureaus. How do I get rid of this without triggering some re-setting of the time clock or doing anything else that would harm me? I am judgement proof having gone through serious medical issues with yet another one recently diagnosed. I lost my home, drive a 20 yr old car with salvage title and don’t have a pot to piss in. I lost just about everything back in 2008, and my disabilities make it difficult to work. I’m 70 years old. I live on Social Security, just scratching to get by.

    I’ve been afraid to respond to this letter. I only have a very few other items on my credit report that will be falling off in the next three months due to their age. How can this collector say this debt is still valid after all this time? Isn’t it time-barred by now? What do I say to them – in writing. Sure hope you can help me. Thank you so much.

  39. Hello I have bin on ODSP in Canada since 1987 or 1886. Iwas in a very abusive realionship. This person could not get credit. So around Christmas time they would be handing credit cards to people on Government Assistance.You trie to make the payments they agree verbally then after a few months call and start threating you by saying they want it all know. I couldn,t do that I had a little girl in grade 1. So there has bin two credit cards over ten yrs now with Interest… I,am ill on oxygen have mental illness cancer. and they still threaten me what can I do???

  40. I have a Marital Settlement Agreement from 2001 for $7000 equitable distribution to me that was due in 2008. My ex joined the military that January evading paying me the money that was due and signed from a divorce. He avoided ever replying to text or emails when I asked him when I can expect it. This year, he completely blew me off and told me that he is no longer discussing this with me. HA. So, my question is – because it’s a judgment already, and he has now moved out of the state of Florida to Texas, what are my chances of getting this repaid? I have filed a motion of contempt/enforcement to try to get him to pay his debt but he’s avoiding letters from the court house for address verification as well. I certified mailed and emailed the motion and the court will be sending me a court date soon 🙂 – He needs to repay it. Ridiculous – and this is from a VET? Seriously??? I had even mailed the JAG a letter back in 2008 making him aware of the situation and nothing was done.

  41. My son got in trouble in his youth. 8 years ago. There was attorney fees and court fees. We went BK right after that event. We thought since it was on the BK papers it was dismissed. Got a notice today saying they are garnishing my wages for the debt. Is there a statute of Limitations on this kind of debt?

  42. I have a collection agency called Legal Action Team and they are trying to collect from a payday loan from 2006 or before. I am not sure if i even owe the debt. they say i can be arrested for fraud and they are sending the law enforcement to the past 3 addresses i lived at which includes my current address. they have also threatened to suspend my license. I need some peace of mind i am a disabled Minnesotan and a disabled Veteran I have no earned income I am on food support . I do not need this headache now please can someone give me a straight answer on this matter?
    Thank you for your time…

  43. Me and the wife prior to us being married took out a second mortgage jointly. Later I declared bankruptcy (we were still not married) chapter 7 and that removed me from the debt. Now of course we are married. We have had no communication written or otherwise with this debt since 1998. They are now and for the last couple years been sending notices agreeing to except around a 92% reduction of the debt as payment in full if we sign the letter and send them the money. OK my question, would that reset the SOL and then they could come after us for the rest? Second part of the question that debt was acquired in Utah. Last activity 1998 both parties moved out of the state around November 2002. How does that affect the SOL?

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