What is the statute of limitations on a credit card debt?
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What is the statute of limitations on a credit card debt?
I currently have a law firm threatening a law suit for a bad debt from 8-9 years ago. Can they still take me to court? Should I contact an attorney and show up with one in court if they do or should I just tell them that the statute is 6 years and tell them not to call me any more?
Asked on September 22, 2011 under Bankruptcy Law, Wisconsin
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The statute of limitations in WI for an open account (i.e. credit card debt) is 6 years from the date of the last activity. However, while the date of last activity is typically the date of last payment or charge off, it can also be the date that you entered into a repayment plan or otherwise acknowledged that you owe this debt (in some jurisdictions this includes even a phone conversation that you have with your creditor or a debt collector).
If, however, the date of last activity was more than 6 years ago, then you cannot be taken to court regarding this account (although technically you still owe it).
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