jd83 asked in Business & FinanceCredit · 1 decade ago

What is the statute of limitations on debt collection?

years ago(about 4-5 years) i apparently had a check that i had written bounce(the check was for about $45). I just received a summons. this is the first i've heard of this supposed debt. Does anyone know what the statute of limitations(or whatever its called) are for washington state? I make about 10cents above minimum wage and cant afford to pay this right now. I didnt even know this debt existed before yesterday!

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  • 1 decade ago
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    Statute of Limitations

    Credit cards are generally considered open accounts.

    The Federal Truth in Lending Act, Section 127 talks at length about credit cards as open accounts. However I have received some information recently indicating that some courts have ruled that credit cards are written accounts. So, as I'm not an attorney, I'm going to suggest that this area of the law seems to be fluid. Meaning that what your court rules may be based upon what evidence is presented and other factors.

    While the Federal Truth in Lending Act is written in legal terms, meaning good luck trying to read it, the The State of New Hampshire’s Department of Justice's Sourcebook has a very readable definition, check the second paragraph, of why credit card accounts are open-ended.

    State

    (in years) Oral

    Agreements Written

    Contracts Promissory

    Notes Open

    Accounts

    Alabama 6 6 6 3

    Alaska 6 6 6 6

    Arizona 3 6 5 3*

    Arkansas 3 5 6 3

    California 2 4 4 4

    Colorado 6 6 6 6

    Connecticut 3 6 6 6

    Delaware 3 3 6 3

    D.C. 3 3 3 3

    Florida 4 5 5 4

    Georgia 4 6 6 4

    Hawaii 6 6 6 6

    Idaho 4 5 10 4

    Illinois 5 10 6 5

    Indiana 6 10 10 6

    Iowa 5 10 5 5

    Kansas 3 5 5 3

    Kentucky 5 15 15 5

    Louisiana 10 10 10 3

    Maine 6 6 6 6

    Maryland 3 3 6 3

    Massachusetts 6 6 6 6

    Michigan 6 6 6 6

    Minnesota 6 6 6 6

    Mississippi 3 3 3 3

    Missouri 5 10 10 5

    Montana 5 8 8 5

    Nebraska 4 5 6 4

    Nevada 4 6 3 4

    New Hampshire 3 3 6 3

    New Jersey 6 6 6 6

    New Mexico 4 6 6 4

    New York 6 6 6 6

    North Carolina 3 3 5 3

    North Dakota 6 6 6 6

    Ohio 6 15 15 -

    Oklahoma 3 5 5 3

    Oregon 6 6 6 6

    Pennsylvania 4 4 4 4

    Rhode Island 15 15 10 10

    South Carolina 10 10 3 3

    South Dakota 6 6 6 6

    Tennessee 6 6 6 6

    Texas 4 4 4 4

    Utah 4 6 6 4

    Vermont 6 6 5 6

    Virginia 3 5 6 3

    Washington 3 6 6 3

    West Virginia 5 10 6 5

    Wisconsin 6 6 10 6

    Wyoming 8 10 10 8

    *I've been informed by a resident of Arizona that in their suit a credit card account was considered a written account with a 6 year timeframe.

  • Anonymous
    1 decade ago

    Most states the statute of limitations on a bad check it 2 years you can call the office of the State attorney general and find out or go on line to the State's web site and it will probably be on there.

    Never heard of someone getting a thing like that so many years down the road.

    I think what he posted above it wrong because I know the credit card debit statute in Louisiana is 3 years, I just had to go through all that with a friend of mine who lives in Louisiana and paid a bank to clear up her bills and now 8 years later some collection agency is trying to collect on her but it's the bank's problem.

  • Anonymous
    1 decade ago

    The statute of limitations varies by state, and offense.

    You can find the statute on the Internet.

    Regardless, I suggest you reply that you WILL appear in court, and offer to defend.

    I have very serious doubt this is a valid complaint or that the collection agency is legit.

    It will cost them a MINIMUM of $200 to send an attorney to court, and to earn what, $45.

    Take a close look at the documents and make certain they are from a COURT. If not, ignore them, they are bogus, and a scam.

  • Anonymous
    1 decade ago

    If it's 4-5 years old, don't pay it. Your state's statute of limitation is 6 years. Go to http://www.creditinfocenter.com/rebuild/statuteLim... Just let it fall off your credit report. By now, the affect it has on your credit is minimal if it's 4 or 5 years old anyways.

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  • 5 years ago

    in North Carolina on open end accounts such as unpaid credit cards ?

  • 1 decade ago

    Was it a summons from court are a collection agency. Court, pay it. colection agency ignore it. Get a copy of your credit report and see if it is on there.

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