Comments - Statute of Limitations on Debt

Tom (Guest) - I have a question about the Washington State SOL of 3 years for ope-ended debt (credit card debt). You cite and link to two statutes from the RCW: 4.16.40 and 4.16.80. As I read them, neither makes clear that for open-ended debt the statute is 3 years, as indicated in your list.

Could you double check to see if these are indeed the statutes you intend to cite, and if so, refer me to the particular provision within the statute which indicates open-ended debt statute of limitations at 3 years?

Many thanks,
Jim

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- this is very informative, i was also told or maybe i heard that if a creditor was not hounding you or was not even trying to get what you owe them for about 10 years, then you will be free of this debt. of course the record will prevent you from transacting from other banks though during the 10 year window... :( i wonder if this is true?

vivianchen - I will read it more carefully when i need it.

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scgodess - hmm this is interesting. I wonder how it would work for me though. Long story short my ex and I had declared chapter 13 in 2004 i believe it was. When we seperated we agreed to each pay have of the repayment each month. He didn't, but i did. after him not paying for a while we ended up getting kicked out. Now some of the debt collectors from the bankruptcy are calling. me. My ex won't pay anything so it leaves me to do it. I've been trying very hard to pay them off. Most of them have been very nice and are working with me. In fact i've paid a few off already but it seems every month there's a new one that calls. Would this work for me i wonder?

Morganna_48 - Wow! I didn't realize this, what great information, the links to click on for my state don't work but I will do some research on this matter for my state of Missouri....thanks again !!!

erica5412 - This was very informative. Thank you. It's very detailed & can help everyone.

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aliaslucs - I read your article and its really help me a lot, thanks anyway

austenfan - It is important to be knowledgeable on certain legalities when handling your debt.

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sandalwood - Overall, a very good and informative article. Thank you very much for being so detailed. However, I did notice one minor misstatement.

You said:

Remember that if your creditor is based in a different state than you, they have the choice of which state to sue in. Usually, they choose the state with the longer statute of limitations.

I say minor error because the Fair Debt Collection Practices Act at section 811 (a) (2) states:

in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity--

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

Paragraph (1) mentioned above specifically deals with real property and is clearly not what you are talking about in your article.

So, it is clear from the FDCPA, a consumer cannot be sued other than where (s)he lives. Consumers living in CA for example don't have to worry about being summoned to court in NY. That kind of horse crap went out when the FDCPA was passed into law.

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