What is the time periodafter which you can no longer be sued on a debt?
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What is the time periodafter which you can no longer be sued on a debt?
I am being sued for an unsecured credit card debt that date back 9 years at least. I know I have not made payments or had an active card since then. I do believe it has been passed around to various collection agencies. Is there something called time barred after 6 years, whereby they can no longer collect? And how do I get this case dismissed?
Asked on January 5, 2012 under Bankruptcy Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legal actions are subject to something known as the "statute of limitations". This is a legal remedy that is employed to prohibit legal action from being taken against a person indefinitely. The statute of limitations for an open account (i.e. credit card debt) in most states is typically between 3-7 years; in IN it is 6 years (you are correct).
The SL begins to run from the date of last activity. However, while the date of last activity is typically the date of last payment or charge off, it can also be the date that a debtor entered into a repayment plan or otherwise acknowledged that they owed debt (in some jurisdictions, even if it is just in a telephone conversation).
However, even if the statute of limitations has run, and you can no longer be taken to court, you still owe the debt (although there is no real mechanism for your creditor to collect). That having been said, while a collector can still try to collect on such debt, threatening legal action (or indeed actually filing suit) regarding such a debt is illegal. At this point you need to offer proof to the court of the age of the debt and the fact that you have done nothing to extend the limitations period. In other words, let the court know that the lawsuit is time barred.
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