Old debt and time limits in North Dakota: what to do

Don't make a payment or promise to pay until you know whether the time limit has passed.

Why: In some states, a payment or written acknowledgment restarts the clock.

Ask the collector in writing for the date of your last payment, the original creditor and the account history (letter below).

Why: The time limit usually runs from the last payment or the missed payment, depending on the state. If you don't know the date, this letter asks for it.

If you answered “I was served with court papers” to “Have you been sued or threatened with a lawsuit over it?”

If you were served with court papers, follow the sued-by-debt-collector plan now and raise the time limit in your answer.

Why: The court won't apply the time limit unless you raise it.

Compare the dates with your state's time limit (below). Check whether your contract says another state's law applies.

Why: Card agreements often pick a state's law, and the type of debt can change which time limit applies; a court decides in the end.

If you answered “Less than 3 years” to “About how long ago was your last payment on this debt?”

If your last payment was less than 3 years ago, the collector can probably still sue. Use your rights in the debt-collector plan (dispute, ask for proof, stop calls).

Why: No state in our list has a time limit for debts shorter than 3 years.

If you answered “3 to 6 years / More than 6 years” to “About how long ago was your last payment on this debt?”

If your last payment was more than 3 years ago, the time limit may already have passed in your state. Check the limit below before you pay, promise to pay or sign anything.

Why: Several states use 3 years for debts, while others use 4, 5, 6 or 10.

If you answered “They threatened to sue” to “Have you been sued or threatened with a lawsuit over it?”

If the debt is too old and the collector threatens to sue, file a complaint with the CFPB and your state attorney general.

Why: Federal rules forbid debt collectors from suing or threatening to sue on time-barred debt.

Check your credit reports: most collection accounts can't be reported after 7 years.

Why: The credit-reporting clock is separate from the time limit to sue.

If you answered “Federal student loan” to “What kind of debt is it?”

For a federal student loan, see the student-loan plan.

Why: The government can collect federal student loans without a time limit, including by garnishment and tax refund offset.

If you choose to pay an old debt, get the deal in writing first and ask whether it will restart the clock.

Why: This protects you from future suits and double collection.

You can also send a written 'stop contacting me' letter.

Why: The collector must generally stop contacting you, although the debt is not erased.