Does the statute of limitations on a debt start from the time the debt becomes delinquent?

UPDATED: Dec 5, 2011

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Does the statute of limitations on a debt start from the time the debt becomes delinquent?

I first became delinquent back 6 years ago. The statute of limitations in my state is 6 years which is up this year. I have attempted to pay the collection agencies this year but it seems like a never ending battle to pay them and the normal bills (rent, utilities, daycare etc).

Asked on December 5, 2011 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states the statute of limitations for an obligation owed begins to run when there is a breach of the obligation by one party to pay on the debt when due. In essence the statute of limitations to file a lawsuit begins to run when the plaintiff has been damaged by the fact that in your situation payment when due has not been paid.

If you have not paid any part of the debt you are writing about for six years and no lawsuit has been filed by the judgment creditor, there is a good chance that the debt owed by you may be time barred under your state's statute of limitations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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