What is the statute of limitations on a credit card debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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).
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 AttorneyPages.com 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.