Legal Question in Credit and Debt Law in Washington
statues of limitation regarding debts
Is there any such thing as a "statue of limitations" in regards to old unpaid debts, or can you be held liable for debts indefinitely or until you die?
2 Answers from Attorneys
There is a limit
There is a statue of limitations on debts but it is different in every state. In most states it is less than 5 years but I do not know about yours.
Only murder has no statute of limitations.
That's a great simplification because the law of limitations is wide, vast, and complex, and furthermore, much of it varies from state to state, but when we at least narrow the question to debts, we can start to discuss it.
In Mass., most private debts have a 6 year statute of limitationsunder contract law, I believe. I have a chart and if I knew what state you were in, I might be able to find your state's similar law. However, thereare many exceptions even to that. Federal taxes found owing (assessed by the IRS) can and do go perhaps to 10 years, but in general statutes of limitationsare extended by the time it takes them to discover an incorrect tax return. There'san analogous discovery rule in private debts; does the creditor have actual knowledgeor should they now know of the debt? Until they do, the clock may not be ticking awayon that timeframe, up to a point, anyway.
Has there been a legal judgment against you for the amount of the debt? That would extend the time period to 10 years from the date of judgment (and another case brought subsequently could extend it further yet) in THIS state, Massachusetts.
There are plenty of other exceptions and rules.
There are some special cases where statutes for debtsare shortened to only a single year.
What's the full story? How much do you owe, and why? When was the last payment madeon the debt? When was the last correspondence madey you and when by the creditor? (I assume you're the debtor!)