What is the statute of limitations for taking someone to court on a credit card debt?
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What is the statute of limitations for taking someone to court on a credit card debt?
I was served with court order about a civil case involving a credit card from 5 years ago.
Asked on October 26, 2010 under Bankruptcy Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In Maryland, the statute of limitations for suing someone on a credit card, or open account, is 3 years. However:
1) The period runs from the default, or when you stopped paying per the credit card agreement (paid late; didn't pay at all; didn't make minimums). It has nothing to do with when the card was taken out or last used. Since it may take awhile for someone to be found in default on an open account, the date of default may run from sometime after the last payment you remember having made.
2) If you were brought to court on the card 5 years ago and a judgment was rendered against you, the time period to enforce that judgment is 12 years...so if there's already a judgment against you, the judgment creditor has time to enforce it.
3) If you were sued five years but the case never had closure--it was wending it's way slowly through the courts--you may be able to have it dismissed after so long for a failure to prosecute or persue the case or the equivalent.
In any event, you should consult with an attorney on this matter.
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