Question:

Statute of Limitations for litigation on CC debt?

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In New York State: What is the Statute of Limitation from the last time a Credit Card debt acknowledgment and the time litigation's can be taken?

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  1. why worry about this w hen you have debt? take care of if


  2. Open Account (credit cards)  6 years

              Written Contract: 6 years

              Domestic Judgment: 20 (renewable)

              Foreign Judgment: 20 (renewable)

    Which means the creditor has 6 years to file for civil action in court.

    Now remember this though,  the Fair Debt Collection Practices Act DOES NOT apply to major credit card banks?   It applies only to the collection attorneys and professional debt collection companies they might hire. Original creditors are regulated by state law; however, the major credit card companies follow policies that closely mirror those of the FDCPA and will comply with your request to stop phoning you at home and work, etc., just as if you were dealing with a collection service. If you believe you have been harassed by an original creditor, or that the original creditor has done something illegal or threatening towards you, then research your state laws on the subject and contact the proper authorities to file a formal complaint. Typically, the Attorney General in your state is the proper authority to contact.

    Hope this answers your question

    LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.

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