- 1 Statute of Limitations on Debt in Texas
- 2 Statute of limitations on florida debt
- 3 DebtClear
- 4 Statute of Limitations on Debt Collection – Power Advice
- 5 fl statute of limitations on debt
Statute of Limitations on Debt in Texas
The statute of limitations to collect debt is Texas if four (4) years. When this four year clock starts to run has been debated in recent years. Creditors and debt purchasers try to argue that the clock starts when you made your final payment to the creditor while consumer attorneys argue the clock starts at the first sign of default.
Many consumers will struggle to make the minimum payments on credit card debts for months or years and they are usually in “default9rdquo; under the credit agreement when they fail to make the minimum payment due. Thus, if you go by the actual default date in the credit agreement, the clock usually started well before the last payment, especially when the last payment was nominal in comparison to the minimum payment due.
Texas courts are divided on the issue of when the statute of limitations for debt starts. If you have been sued on an old debt, it is a good idea to try and determine when you made your last payment. If your last payment was more than four years from when the lawsuit was filed then you may have a good statute of limitations defense.
As stated above, the rule is when the lawsuit is filed, not when you are served with the lawsuit. To confirm that you were properly served, please see my article on Service of Process in Texas.
To raise a statute of limitations defense, you must plead it in your answer as an affirmative defense. For more information on filing an answer, please see my article on How to Answer a Summons in Texas.
It is important to realize that you have the burden of proof when it comes to a statute of limitations defense. Do not assume that you will be able to have your “day in court” and present all of this to the judge. In fact, if you try to defend the lawsuit yourself, the creditor may file a Motion for Summary Judgment against you without you having the ability to prove your defense.
If you have been sued by a credit card company or a debt purchaser in Texas please call our law firm for a FREE consultation. I have defended over thousands of credit card lawsuits . We generally charge flat fees to defend lawsuits and we offer payment plans as low as $250.00 per month.
Other Related Articles by Michael W. Weston:
By: Texas Credit Card Lawsuit Defense Lawyer - Michael W. Weston
Statute of limitations on florida debt
In 43 states and the District of Columbia there are specific state laws that require your acknowledgment of a debt to be in writing in order to revive or toll the statute of limitations.
This is very important information for consumers who may have otherwise thought that a verbal conversation would renew their legal exposure to being sued due to a debt collector’s claim or something they may have read on the Internet.
As this article will demonstrate, in the majority of our country, this just isn’t true.
If you have been dealing with a debt collector that is claiming otherwise, in an effort to leverage this misinformation against you, please feel free to utilize the chart below that links to each state’s specific law regarding this.
In most states, the requirement to acknowledge a debt and revive or extend the statute of limitations is dependent upon you making a written promise to pay with your signature included.
How long a creditor or collector has to sue for a debt varies by state You can find the statute of limitations in each one here.
This is a list of all 50 states containing links to the particular state laws regarding acknowledgement of debt and the statute of limitations.
How Long Can A Collection Agency Attempt To Collect A Debt? - Dauer: 0:45
Statute of Limitations on Debt Collection
Each state limits how long a debt can be collected. After a set period of time has passed, an unpaid debt is considered by law to be a "time-barred debt" and is uncollectable. More precisely, the debt collector can still try to collect the debt, but they cannot sue you for it. Without the ability to sue, the most a creditor can do is report the delinquent account on your credit report for up to seven years. The clock starts ticking from the day you last made a payment on that account and the clock gets reset if you make a payment, even a partial payment! This is why I do not recommend making any payments on delinquent accounts unless you are prepared to settle the account.
To determine what the statute of limitation is in your state, consult the chart below and confirm with your state's Attorney General's office.
Make sure you consult your actual state statute and verify the times listed above (search the internet for "unsecured debt statute of limitations yourstate"). Some states start the clock from the date of your first missed payment, while others start the clock from the date the original creditor charges-off your account (usually six months after the date of your first missed payment).
If a debt collector contacts you after your state's statute of limitations has expired, write a letter (certified mail with return receipt) to the debt collector stating that the account is no longer collectible and instruct them to cease all communication and collection efforts (a notification of time-barred debt sample letter can be found in the Resource Library). If you are sued by a creditor after your state's statute of limitations has expired, simply provide the court a copy of your state's statute and a copy of your credit report showing the date of your first missed payment and/or the date of charge-off by the original creditor.
Keep in mind that after the statute of limitations has expired on your debt, it can still be legally reported on your credit report for up to seven years. However, a time-barred debt is less likely to be verified by the creditor and is therefore easier to remove through a formal dispute with the credit bureaus.
If you live in a state with a long statute of limitations period, don't despair. In my experience if you are going to be sued, it will most likely happen in the first couple of years. The reason is because your collection account diminishes in value to a debt collector over time. Since the most expensive collection activity is to sue, chances are a debt collector will sue—if they are going to—while the account is still fresh. That is not to say that you won't be sued after a couple of years, but the odds drop off dramatically over time.
Now that you know the major players, how debt collection works, and more importantly your state and federal rights, it's time to put it all together.
Statute of Limitations on Debt Collection – Power Advice
Statute of Limitations for Each State (in number of years)
** Georgia Court of Appeals came out with a decision on January 24, 2008 in Hill v. American Express that in Georgia the statute of limitations on a credit card is six years after the amount becomes due and payable.
*** An Illinois appeals court ruled on May 20, 2009, that the statute of limitations on a credit card debt without a written contract was 5 years.
**** State law doesn’t specify the limitations on open accounts.
fl statute of limitations on debt
Oral Contract: You agree to pay money loaned to you by someone, but this contract or agreement is verbal (i.e., no written contract, "handshake agreement"). Remember a verbal contract is legal, if tougher to prove in court.
Written Contract: You agree to pay on a loan under the terms written in a document, which you and your debtor have signed.
Promissory Note: You agree to pay on a loan via a written contract, just like the written contract. The big difference between a promissory note and a regular written contract is that the scheduled payments and interest on the loan also is spelled out in the promissory note. A mortgage is an example of a promissory note.
Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account.
This is established under the Truth-in-Lending Act: