What is the timeframe that a creditor must bring you to court within after you default?

Question

In other words, how long do they have before they cannot take legal action against you? I understand the whole credit bureau reporting process, but I'm wondering how long they have to actually serve you with a summons to appear in court to answer for the debt, if that's what they want to do.

I'm referring to credit cards (not bank loans or mortgages or anything like that.) And the person who has the debt lives in CT.

Thank you Studly!

s6ramsey, or whatever your user name is at the moment...get a life! You're so easy to annoy it's not even that much fun anymore!

Answer 1

mazziatplay doesn't have a clue of what she's talking about.

The statute of limitation in your state is 6 years. The date starts on the last activity. That does NOT necessarily mean if you send them a letter it restarts the clock. But making a payment will do it.

Watch out for those crafty collection agents who want you to send them a tiny $5 payment as a show of "good faith". They are simply restarting the clock so they can come after you for another 6 years.

See the link below for all the answers you this. Good luck

Answer 2

Every state has their own statute of limitations on this. For a written contract, or open-ended account (includes credit cards) it is anywhere from 3 to 15 years (6 in CT). The time starts from the date of the last activity so it is not necessarily the last day a payment was made. So if a letter is sent regarding the account, that starts the clock over again.

Answer 3

This is basically the first time I disagree with Studly on something.

The statute of limitations in Ct is 3 years not 6.

The SOL starts running from the first time you were 30 days late and never brought the account current. Which is the date of first delinquency.

You can send a request to the credit bureau, asking them to provide you with the date of first delinquency - do not dispute anything, just request the info.

CONNECTICUT

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 6

Oral Contract: 3

Sec. 52-581.
Action on oral contract to be brought within three years.
(a) No action founded upon any express contract or agreement which is not reduced to writing, or of which some note or memorandum is not made in writing and signed by the party to be charged therewith or his agent, shall be brought but within three years after the right of action accrues.

Answer 4

In reality, there is no statute of limitations on unpaid debts. Practically, most creditors will, for tax purposes, identify your account as a "bad debt" at some point depending on their individual guidelines. All that means is that they have identified your account as a business loss, it does not mean that they will cease trying to collect the debt.

They may, at that point, assign the debt to a collection agency. The collection agency will pursue collection of all or a reasonable portion of the debt through collection calls and all the way to judgment which they can use to garnish your wages, your bank accounts, lien any real property you have and just generally make your life miserable.

The best thing you can do is to call them and offer a settlement and get it over with.

Answer 5

In most states it's 6 years from the date of last payment not the date the account was charged off. After that you cannot be sued and the account can't be reported to any credit reporting agency. You would have to check the statute of limitations in CT

Answer 6

Just so you don't get confused, my username is S6RAMSEY.
And if you have something to say to me, say it OR LEAVE ME THE HELL ALONE. I'm serious. Leave me alone. Don't try to answer my questions with something that you think is funny like "You Mama", because the truth is, it makes you look even dumber that you actually are. So, don't answer my questions. Don't e-mail me. Do you understand that? Don't say that it's fun to "push my buttons" or that I'm "hot under the collar". The only reason I'm like that is because YOU WON'T LEAVE ME ALONE. Please tell me it has finally registered that I don't want you talking to me!