What is the statute of limtitation on debt collections if there has been no type of activity by either party involved on this account for 13 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the statute of limtitation on debt collections if there has been no type of activity by either party involved on this account for 13 years?

A notice has been served in magistrates court for collection by the person who made the loan. Is the person who received the loan covered by any statute of limtitations law since only a verbal contract and 1 payment 13 years ago was the last activity?

Asked on May 8, 2012 under Bankruptcy Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I believe that the statute of limitations, or time to initiate a lawsuit, in South Carolina on an oral (also often called verbal) contract is only three years. Therefore, if the default (or failure to pay) occured approximately 13 years ago, it should be much too late for anyone to enforce this debt. You should be able to get the suit dismissed by pleading the statute of limitations.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption