Debt Collection Statute Of Limitations

By: Kevin Stith
Submitted: 2007-01-17 16:17:36
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The Debt Collection Statute of Limitations indicates the maximum time limit allowed for the creditor to file a suit against the debtor. Statute of Limitations is the act passed in the legislative assembly as the part of the civil law code. It is generally called periods of prescription or prescriptive periods. The Statute of Limitations saves a debtor from life long threats of debt collectors. It covers the rights of the debtor in a lawsuit after the Statute of Limitation period.

The Statute of Limitations differs from state to state, with each state having different statute periods. The Statute of Limitation is applicable for contracts under the uniform commercial code. It covers debts under all sorts of agreements such as oral agreements, promissory notes, open and revolving credits, written contracts, loans, mortgages or car payments. The statute period is different for each kind of agreement. The state regulations regarding the Statute of Limitations can be collected from the office of the state attorney over the phone or from the Internet.

The Statute of Limitations is calculated from the date of signing the contract. It starts from the date of delinquency of the first payment or the last account transaction in open revolving credit debts. Debtors must put forward strong evidence to prove the date in the court for favorable judgment. Credit reports are sufficient documents to substantiate the time period. The Statute of Limitations can be renewed with partial payments. In some states, promises are enough to renew the statute period.

The Statute of Limitations is an effective tool for consumers to get rid of the burden of debts. However, it does not rescue the debtor from the liability. It only provides a legal advantage for the client in lawsuits. If the client can prove that his debt is beyond the Statute of Limitations, the court frees him from repayment. The debt will be reflected in the credit report even after the Statute of Limitation. Debt collectors can theoretically enforce the customer to repay even in the absence of legal support. However, debtors can limit these disturbances on the grounds of the Fair Debt Collection Practices Act.

Article source: Expert Articles