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STATUE OF
LIMITATIONS
Real Estate
Statue of Limitations
In real
estate you must begin the lawsuit within a legally
prescribed time period. If you fail to initiate
the lawsuit withing the time period, you may have
no remedy in the courts.
Four
examples for real estate:
1) Three
years to bring action for removal of
encroachments.
2) Four
years to bring action on a written
contract.
3) Five
years to bring action for recovery of title to
property.
4) Ninity
days after filling a mechanic's lien.
Individual
State of Limitation:
When
you are in debt and cannot pay it off, a creditor
legally can collect their money from you. We all
know how they do it, from letters to phone
calls asking to you to pay it off.
Statue of limitations gives creditors certain
number of years to collect their money. If they
are not able to collect that money in a certain
years, legally they no longer come after
you.
Let's
say that you live in Alabama and you have applied
for credit card with limit of $5,000. For some
reasons you are not able to repay that money on
time and you fall behind your payment. Creditor
starts to call you and send you letters that your
account is in collection. Here is a tricky part.
Creditors in this case has right to collect their
money in 6 years period, as stated in our table
below. After 6 years they can no longer come after
you and it will take anywhere 2-5 additional years
until negative collection will be removed from
your credit report.
Ok,
now about the tricky part. How does the creditor
know when the 6 year period start? It is not
necessarily the day you applied for your credit
card. It is the day you stopped paying off your
bill. But here is the tricky part. Let's say that
you got a credit card in January 2000, than in
April 2000 you stopped paying your credit card.
You are in default, and this is the start of 6
years period for creditor. Now let's say that in
January 2001 you make a payment, thinking you
would like to pay it off. Well, the 6-year period
is erased and starts again when you default.
This process is called "restarting a clock"
as called by most creditors.
Once you default on a credit
card make sure you fully understand statue of
limitations. Our table below shows limitations for
each state.
Statue of Limitation
Table:
Oral Contract - You agree
to pay money loaned to you by someone, but this
contract or agreement is verbal; i.e. no written
contract. Remember, a verbal contract is
legal.
Written
Contract - You agree to pay on a loan
under terms written in a document, which you and
your debtor have signed.
Promissory Note
- You have agreed 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 payments are
scheduled and interest on the loan is also spelled
out in the promissory note. An example of a
promissory note is a mortgage.
Open Ended
Accounts - These are revolving lines of
credit with varying balances. The best example is
a credit card account
|
State
|
Oral Agreements
|
Written Contracts
|
Promissory Notes
|
Open Accounts
|
|
Alabama
|
6
|
6
|
6
|
3
|
|
Alaska
|
6
|
6
|
6
|
6
|
|
Arizona
|
3
|
6
|
5
|
3
|
|
Arkansas
|
3
|
5
|
6
|
3
|
|
California
|
2
|
4
|
4
|
4
|
|
Colorado
|
6
|
6
|
6
|
6
|
|
Connecticut
|
3
|
6
|
6
|
6
|
|
Delaware
|
3
|
3
|
6
|
3
|
|
D.C.
|
3
|
3
|
3
|
3
|
|
Florida
|
4
|
5
|
5
|
4
|
|
Georgia
|
4
|
6
|
6
|
4
|
|
Hawaii
|
6
|
6
|
6
|
6
|
|
Idaho
|
4
|
5
|
10
|
4
|
|
Illinois
|
5
|
10
|
6
|
5
|
|
Indiana
|
6
|
10
|
10
|
6
|
|
Iowa
|
5
|
10
|
5
|
5
|
|
Kansas
|
3
|
5
|
5
|
3
|
|
Kentucky
|
5
|
15
|
15
|
5
|
|
Louisiana
|
10
|
10
|
10
|
3
|
|
Maine
|
6
|
6
|
6
|
6
|
|
Maryland
|
3
|
3
|
6
|
3
|
|
Massachusetts
|
6
|
6
|
6
|
6
|
|
Michigan
|
6
|
6
|
6
|
6
|
|
Minnesota
|
6
|
6
|
6
|
6
|
|
Mississippi
|
3
|
3
|
3
|
3
|
|
Missouri
|
5
|
10
|
10
|
5
|
|
Montana
|
5
|
8
|
8
|
5
|
|
Nebraska
|
4
|
5
|
6
|
4
|
|
Nevada
|
4
|
6
|
3
|
4
|
|
New
Hampshire
|
3
|
3
|
6
|
3
|
|
New
Jersey
|
6
|
6
|
6
|
6
|
|
New
Mexico
|
4
|
6
|
6
|
4
|
|
New York
|
6
|
6
|
6
|
6
|
|
North
Carolina
|
3
|
3
|
5
|
3
|
|
North
Dakota
|
6
|
6
|
6
|
6
|
|
Ohio
|
6
|
15
|
15
|
-
|
|
Oklahoma
|
3
|
5
|
5
|
3
|
|
Oregon
|
6
|
6
|
6
|
6
|
|
Pennsylvania
|
4
|
6
|
4
|
6
|
|
Rhode
Island
|
15
|
15
|
10
|
10
|
|
South
Carolina
|
10
|
10
|
3
|
3
|
|
South Dakota
|
6
|
6
|
6
|
6
|
|
Tennessee
|
6
|
6
|
6
|
6
|
|
Texas
|
4
|
4
|
4
|
4
|
|
Utah
|
4
|
6
|
6
|
4
|
|
Vermont
|
6
|
6
|
5
|
6
|
|
Virginia
|
3
|
5
|
6
|
3
|
|
Washington
|
3
|
6
|
6
|
3
|
|
West
Virginia
|
5
|
10
|
6
|
5
|
|
Wisconsin
|
6
|
6
|
10
|
6
|
|
Wyoming
|
8
|
10
|
10
|
8
| |