Is there a statute of limitations on invoice collecting?
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Is there a statute of limitations on invoice collecting?
About 7 years ago, I filed for personal bankruptcy. Then, 6 years ago, I hired a stenographer to
assist me in a deposition during a child custody trail I was pro-se in. I explained to her my financial situation, she agreed anyway. The invoice was for $465. My intent was to pay, sadly things have gone from bad to worse. Currently my financial situation is stable but living check to check just to pay mortgage. I have explained this to her many times as she still calls me and sends invoices, now seeking interest on the original invoice. After 6 years can she still do this?
Asked on November 2, 2016 under Business Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Someone can send you invoices, or call and ask you to pay, forever: the law does not put any limits on a person's or business's right to ask for payment. What it does do, however, is put a limit on how long they have to legally enforce the debt, by suing. In your state, the statute of limitations for a debt like this, based on agreement to work or provide services for pay, is 6 years; that is 6 years not from when the work was done but from when you failed to pay when you were supposed to. So if this occured 6 years ago, then since you would presumably not have had to pay immediately, but some weeks or months later, she would be able to sue you for up to 6 years after that point, and so likely still has some time left to sue. And, as stated, even when it's too late to sue, she can still keep invoicing you or asking you for the money--but you can simply ignore that once the statutory period runs out.
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