When does the statute of limitations for debt collection start running?

I had a regular non-secured credit card. I was not able to pay anymore so the credit card company wrote it off and sold the debt to a third party collection agency. I read on a few websites that the Statute of Limitations for credit card debt is 3 years in SC. Is that correct? Also, when does the “clock” start? Does it begin the date of last payment, the date it was written off, the date it was sold, etc.?

Asked on July 20, 2010 under Bankruptcy Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The statute of limitations for this issue in South Carolina falls under what is known as a Breach of Contract.  Yes, it is 3 years.  But the 3 years can be "tolled" or extended if there was a partial payment made or acknowledgement in writing.  What you have to remember is that when the action "ac rues" or becomes viable as a cause of action is when you start to run the 3 years.  Generally with credit card debt it is the date of the last payment.  Collection for credit cards has come under great scrutiny in our economy and there are many debt counseling agencies that can help to answer your questions.  It is much easier to help when you can read the paperwork in front of you.  Good luck.


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