What Is a Statute of Limitation?
Have you ever wondered what the statute of limitations was or how it affected debt collection? If you’ve ever owed money to a credit card agency or had to reach out to a collection agency for debt owed to you, then you might have experience with your state’s statute of limitation.
Statute of Limitations is the time period that limits how long a creditor or debt collector has to sue to recoup an unpaid balance (Credit.com). This time period usually ranges from 3–6 years, but varies by the state and type of debt. Some debtors use statute of limitations as solutions to their debt issues; this might stop debt collectors from suing people for debt they owe, but it won’t prevent the debt from appearing on and hurting a credit report. It’s also possible for creditors or debtors to restart a state’s statute of limitations on a debt. (Credit.com)
If a creditor or collection agency does threaten or attempt to sue a debtor that is past the statute of limitation, they will be in violation of the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that protects debtors all over the United States from harassing or scandalous debt collectors.
How To Revive Statute of Limitation
If the statute of limitation has passed the time period for a person owing debt to you, it’s possible for it to be revived. To revive, waive, or extend a statute of limitation, a debtor must acknowledge the validity of the debt (aka agree that they owe the debt even if the statute of limitation to sue has expired). Another way is for a debtor to make an agreement with a debt collector to pay the old debt (Nolo.com).
At Prestige Services, Inc., we work to make the debt collection process smooth, successful, and law-abiding. For more information on the statute of limitations, please refer to the state list on the bottom of our home page.