What is the statute of limitations regarding a credit card debt?

UPDATED: Aug 21, 2011

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What is the statute of limitations regarding a credit card debt?

I received a summons informing me that I am being sued by a debt collection company who bought my debt from a credit card company. I defaulted on the card 5 years ago. Has the statute of limitations passed on this. If yes, how do I answer the summons. If no, what do I do?

Asked on August 21, 2011 Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states the statute of limitations for breach of a written agreement such as a credit card obligation is four (4) years from the breach of the obligation. The breach of the obligation concerning a credit card debt would be the last payment made on the account.

In order to answer the summons and complaint, one typically has thirty days from when they were served to serve and file the answer through a legal pleading with affirmative defenses. Most states have draft forms that you can pull up online as a format to respond.

You might also contact your local county bar association to see if there is a program where attormneys help people like you through the association. My county has such a program.

Another option for answering the complaint is to go down to the county law library and ask the librarian to assist you with forms to answer the complaint.

Good luck.

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