Summary
In South Dakota, credit card debt has a six-year statute of limitations. If no contact or payment has been made in nine years, the debt may be time-barred, preventing collectors from suing. If wage garnishment is attempted on a time-barred debt, you may have grounds to sue under the Fair Debt Collection Practices Act. Consult a local attorney for guidance.Full Conversation
What can reset the time on the statue of limitations for credit card collections
In Minnesota, the statute of limitations for credit card debt is generally six years. Here are some actions that can reset this time period:
- Making a payment on the debt.
- Acknowledging the debt in writing.
- Entering a new agreement to pay.
Do you have any specific details about your situation that might help clarify further?
South dakota, no contact from the collectors in 9 years and no payments made in 9 years
In South Dakota, the statute of limitations for credit card debt is generally six years. Since there has been no contact or payment for nine years, the debt may be time-barred. This means collectors might not be able to sue you for it. Would you like to know more about your rights regarding time-barred debts?
Yes
In South Dakota, if a debt is time-barred, collectors cannot legally sue you to collect it. However, they might still contact you. Here are some rights and tips:
- You can send a written request to stop contact.
- Avoid acknowledging the debt in writing, as it might reset the statute of limitations.
- If contacted, you can inform collectors the debt is time-barred.
Would you like more detailed information or assistance on how to handle communications with debt collectors?
What if they have filed for wage garneshment
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If they have filed for wage garnishment, consider these points:
- Verify if the debt is indeed time-barred.
- Check if you were properly notified of the garnishment lawsuit.
- Consider filing an objection to the garnishment in court.
To better assist you, what specific information are you looking for regarding wage garnishment?
Am i able to sue for them trying to garnish wages if they are time-barred?
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If a creditor attempts to garnish wages for a time-barred debt, you may have legal grounds to sue them. Here are some considerations:
- Verify if the debt is truly time-barred.
- Check if any laws were violated under the Fair Debt Collection Practices Act (FDCPA).
- Consult with a local attorney for specific guidance.
Would you like more information on how to proceed or find legal assistance?