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Statute of Limitations..What is it exactly and more importantly can it protect you?

Statute of Limitations..What is it exactly and more importantly can it protect you?

Each state in the Union has a different Statute of Limitations. Do not get confused regarding the Statute of Limitations in collecting debt versus the seven year period of reporting adverse information on your credit report. South Carolina for example has a three year statute regarding open end debts. These have been categorized as credit card debts, store card debts and gasoline cards. Home mortgages and loans do not fall into this category. This means that the amount you owe will change monthly depending on the activity of the account. This is different than an agreed contract that spells out a monthly payment for an agreed upon time limit. Be very careful to understand that IF you make a payment regardless whether or not you got caught up, the Statute of Limitations is tolled.

There are also statutes of limitations regarding how long a judgment can remain on your credit report. In Florida a judgment is granted for seven years and can be renewed twice for an additional seven years each incident. This means a judgment in Florida can possibly remain on your credit report or be in public records for over twenty years. Please be aware of this. Sometimes a judgment might not be reported on your credit report but a search of legal records might reveal that you have an outstanding judgment against you. Unbeknownst to you this is a severe penalty for now being able to pay a bill and be unaware of the ramifications of the law.

More and more creditors and collectors are now aware of the laws. Some are well versed and when it is brought to their attention that some accounts are beyond the statute of limitations, they are willing to accept offers. They legally cannot collect on debts beyond the statues. Do they try? Yes indeed they do. They prey on your ignorance of the law. What is your defense if they try and collect on a debt that has survived the statute of limitations? Your defense is the fact that it has PASSED THE TIME LIMITS AND THEREFORE IT IS TIME BARRED from collection.

Do not, and I repeat do not fail to show up in court if you are served a summons from anyone attempting to collect a debt that is time barred. IF YOU FAIL TO SHOW THE PLAINTIFF IS AUTOMATICALLY AWARDED A DEFAULT JUDGEMENT! Just show up and represent yourself and it will be adjudged in your favor.

Now you see the importance of understanding how the statutes and your rights. It is not necessary for any debt to go to the judgment scenario if you use good negotiating skills.

In my next article I'll cover Restrictive Endorsement, what it is and how they can work in your favor.


About the Author: Chuck Lunsford is the owner and developer of EasyFloridaHomeLoans.com. He offers advice on how to get your credit in order and working for you. Visit his website and learn more about buying a home in florida with bruised credit.




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