Friday, July 16, 2010

debt statute of limitations



debt statute of limitations chart

Below are the State Statutes of Limitations for various kinds of agreements. All figures are in years.
Oral Contract: You agree to pay money loaned to you by someone, but this contract or agreement is verbal (i.e., no written contract, "handshake agreement"). Remember a verbal contract is legal, if tougher to prove in court.
Written Contract: You agree to pay on a loan under the terms written in a document, which you and your debtor have signed.
Promissory Note: You agree to pay on a loan via a written contract, just like the written contract. The big difference between a promissory note and a regular written contract is that the scheduled payments and interest on the loan also is spelled out in the promissory note. A mortgage is an example of a promissory note.
Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account.This is established under the Truth-in-Lending Act:


StateOralWrittenPromissoryOpen-ended AccountsState Statute: Open Accounts
AL6663§6-2-37
AR3553§16-56-105
AK6633§09.10.053
AZ3663§12-543
CA2444§337
CO6663§13-80-101
CT3663§52-581
DE3334§2-725
DC3333§12-301
FL4554§95.11
GA4666 **§9-3-25
HI6666HRS 657-1(4)
IA51055§614.5
ID4554§5-222
IL510105735 ILCS 5/13-205
IN610106§34-11-2
KS3653§84-3-118
KY515155§413.120
LA1010103§3-118
ME6666§14-205-752
MD3363§5-101
MA6666c.260, §2
MI6666§600.5807
MN6666§541.05
MO510105§516.120
MS3333§15-1-29
MT588827-2-202
NC3353§1-52(1)
ND666628-01-16
NE4554§25-206
NH3363382-A:3-118
NJ66662A:14-1
NM4664§37-1-4
NV4634NRS 11.190
NY6666§2-213
OH615156§2305.07
OK3553§12-95
OR6666§12.080
PA4444§5525
RI10564§6A-2-725
SC3333SEC 15-3-530
SD6666§15-2-13
TN666628-3-109
TX4444§16.004
UT466478B-2-307
VA35638.01-246
VT6653§3-118
WA3663RCW 4.16.080
WI66106893.43
WV51065§55-2-6
WY810108§1-3-105
** Georgia Court of Appeals came out with a decision on January 24, 2008 in Hill v. American Express that in Georgia the statute of limitations on a credit card is six years after the amount becomes due and payable
The material provided in this table for informational purposes only and should not be construed as legal advice. Although the material is deemed to be accurate and reliable, we do not make any representations as to its accuracy or completeness and as a result, there is no guarantee it is not without errors.




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