Legal Question in Credit and Debt Law in Kansas

Is there a statute of limitations for non-tax federal debt? I defaulted on a HUD loan in 1996. My refund was forwarded to the debt last year.


Asked on 6/09/11, 3:20 pm

1 Answer from Attorneys

Anthony Smith LawSmith

In many cases the limit is five years on a debt evidenced by a writing. But, there are amyriad of things that affect that, Some things tool (suspend the clock) like leving the state, or hiding. It is rae butmaybe thee wa sa tolling of the statute in your case. More commnis an even to restarts the clock. These can be; promises to pay, applications for forebearances or reconsideration or reformation of the debt payment schedule, or na actual payment. These things start the clock over when they occur. Teh clck only goes util suit is filed. If they sued you and got a judgment, then the statute of limitations has been satisfied. What you woudl be concenred about then is the life of the judgmetn. In Kansas, a judmgnet is viable (able to use fo rgarnsihemtns and executions) for five years. At least every five years the judgment creditor must renew the judgment, or they may seek to revive the judgment within two years thereafter.

You did nto indicate in which stat the HUD laon was in 1996. If it was in a state that has a longer statute of limtiations or judgment life, you must apply that state''s time calculations. If it was in federal court, then you must apply the federal periods.

Regardless of where the case was to set. If you feel the funds were wrongly withheld, it is up to you to raise the issue and get the funds back. Do not wait for the federal goverment to catch its own mistake.

This is a general descriiption of the time periods based upon your general descritption of the situation. You need to consult direclty with local counsel to get a specific determination of your options, based upon the specific facts of your case.

Good luck

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Answered on 6/20/11, 4:31 pm


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