So, a credit card debt that's seven years old might be either within or beyond the statute of limitations, depending on your state and the account's payment history. Once a debt becomes "time-barred," meaning the statute of limitations has expired, creditors lose their right to sue you for payment.
Generally speaking, negative information such as late or missed payments, accounts that have been sent to collection agencies, accounts not being paid as agreed, or bankruptcies stays on credit reports for approximately seven years.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
This time frame varies by state and type of debt but typically ranges from three to six years for credit card debt. So, by the seven-year mark, most creditors will be unable to sue you over your unpaid credit card debt. In some states, though, the statute of limitations can be as long as 15 years.
Most consumer debts will “expire” after three to six years, meaning a creditor or debt collector can no longer sue you for them. You're still responsible for paying old debts, but waiting until the statute of limitations runs out might help you avoid future legal issues.
Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail. It's important to know that ignoring judgments against you could result in serious legal consequences, including jail time.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Exceptions to the 7-Year Rule
While the 7-year rule applies to credit reporting, it doesn't always shield you from wage garnishment. Certain debts can lead to garnishment beyond seven years: Federal student loans. Unpaid taxes.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
It's a question many people ask, especially when they have accounts in collections or are trying to rebuild their credit. The answer depends on the type of debt. In most cases, these negative marks will drop off your report after seven years, but certain debts can stick around for up to 10 years — or even longer.
If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
Like other adverse information, collections will remain on your credit report for 7 years. A paid collection account will remain on your credit report for 7 years as well. There is a state exception for residents of New York for which paid collections fall off their credit reports after 5 years.
You Lose: If the credit card or debt collection company wins, it will ask the judge for authority to collect its money. Your wages could be garnished. Liens could be placed on your property or forced into a sale.
Debt doesn't usually go away, but debt collectors do have a limited amount of time to sue you to collect on a debt. This time period is called the “statute of limitations,” and it usually starts when you miss a payment on a debt.
In most cases, your credit card company must sue you within four years of your payment default. A "statute of limitations" is a law that tells you how long someone has to sue you. In California, most credit card companies and their debt collectors have only four years to do so.
The time frame varies from state-to-state but is generally 3-6 years.
Federal law limits how much judgment creditors can take. The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less.
Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Debt relief or debt cancellation is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations. From antiquity through the 19th century, it refers to domestic debts, in particular agricultural debts and freeing of debt slaves.
If you never pay off your credit card debt, your account may get reported to the credit bureaus, and you could receive a derogatory remark on your credit card report, specifically a charge-off. A charge-off happens when a payment has yet to be made on a debt for a certain period of time, usually around 180 days.
If you own a home, and have fallen behind on your credit cards or other unsecured debts you may be worried about what these creditors can do to collect on the debt. In many states, including California, unsecured creditors can become secured creditors and place a lien on your home.
You owe the full amount right away unless the judge ordered a payment plan. The court does not collect the money. It is up to you to pay, or the debt collector to collect. You may be able to start a payment plan or negotiate with the debt collector.