What is the Statute of Limitations on a defaulted credit card? 13 Answers as of August 19, 2015

What is the Statute of Limitations on a defaulted credit card? Can a collector file suit after the SOL?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
They can't file after the SOL has run. If they do, you can sue them. The SOL is different in every state. In California it is 4 years. Google it for your state.
Answer Applies to: California
Replied: 8/19/2015
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
Statutes of limitations vary state by state. It's impossible to answer this question without knowing what state's law applies.
Answer Applies to: Colorado
Replied: 8/19/2015
Stephens Gourley & Bywater | David A. Stephens
In Nevada it is 6 years from the last payment. Once the statute has run, the case should not be filed.
Answer Applies to: Nevada
Replied: 8/18/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
The SOL in California is 4 years. The creditor can always file a lawsuit. The SOL is a defense to the case and not an absolute bar. Please go see a knowledgeable local attorney for assistance. Try your local BAR association for a low cost referral or go to Legal Aid.
Answer Applies to: California
Replied: 8/18/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
They can not file after 6 years.
Answer Applies to: New York
Replied: 8/18/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Four years. If they file you can Demurrer on Sol grounds.
    Answer Applies to: California
    Replied: 8/18/2015
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    6 years from the last payment. They are not supposed to sue after the SOL passes but I see them doing it anyway. They assume the debtor is stupid.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Depends on the state, in Ohio it's eight years. Any lawsuit after the SOL will be dismissed?
    Answer Applies to: Ohio
    Replied: 8/18/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    In Illinois, it is generally 5 years. A collector can file suit after the statute has expired, but doing so is a violation of the Fair Debt Collection Practices Act. You still need to appear and raise the issue.
    Answer Applies to: Illinois
    Replied: 8/18/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Usually the statute of limitations for such is six years following the last activity on the account. If the statute of limitations is actually run that will have to be brought to the court as an affirmative defense and hopefully causing the case to be dismissed in your favor.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    The statute of limitations in Connecticut for a credit card is six years from the date of last payment. A lawsuit can occur after the statute of limitations however you would have a defense at that stage. Talk to an attorney, don't do this alone.
    Answer Applies to: Connecticut
    Replied: 8/18/2015
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