Acknowledgement of Debt and The Statute of Limitations

Acknowledgement of Debt and The Statute of Limitations

Acknowledgement of Debt and The Statute of Limitations

In 44 states and the District of Columbia there are specific state laws that require your acknowledgment of a debt to be in writing in order to revive or toll the statute of limitations.

This is very important information for consumers who may have otherwise thought that a verbal conversation would renew their legal exposure to being sued due to a debt collector’s claim or something they may have read on the Internet.

As this article will demonstrate, in the majority of our country, this just isn’t true.

If you have been dealing with a debt collector that is claiming otherwise, in an effort to leverage this misinformation against you, please feel free to utilize the chart below that links to each state’s specific law regarding this.

In most states, the requirement to acknowledge a debt and revive or extend the statute of limitations is dependent upon you making a written promise to pay with your signature included.

In some states, this written acknowledgement and promise to pay alone will not renew the statute of limitations. These particular states also require that a payment is made as well.

In a few states, acknowledging the debt with a refusal to pay will renew the statute of limitations.

It is also important that you understand, in virtually every state, you will renew the statute of limitations when making a payment. However, in some states you will not renew the statute of limitations if the payment is made after the statute of limitations originally expires.

If you are dealing with debt collectors, preparing to buy a home, or if you just want to clean up your credit report, I can’t emphasize enough, how vital it is, for you to become familiar with your state’s specific law regarding this so you have a firm understanding of what will and won’t expose you.

In the 6 states that don’t clearly define a written requirement in their law, I highly recommend that you reach out to an attorney to become familiar with these state’s particulars. There is some case law for these particular states. However, you should reach out to an attorney who is qualified to decipher the case law so you may gain the accurate information that you are looking for.

If you would like expert help with negotiating with your debt collectors, please feel free to contact me. I’m a small one-man company, so you will be working directly with me. I charge no upfront fees and my fee is based on a small percentage of the money that I save you.

However, before you decide that settling your debt makes sense, please read through my 4-part series about how debt settlement really works. This series is designed to help you learn the pitfalls that you probably wouldn’t know to think about.

I hope this information about acknowledgement of debt and the statute of limitations helps you. Please feel free to comment below with any questions or comments.

Please understand that this article and the links that it contains are for information purposes only and should not be relied upon. It is always advisable to consult an attorney previous to moving forward when dealing with such things.

If you’re on a mobile, tilt your phone sideways to view the full table.

State Verbal Acknowledgment Written Acknowledgment
Alabama No Yes
Alaska No Yes – See 09.10.053
Arizona No Yes
Arkansas No Yes
California No Yes – See 360
Colorado No Yes
Connecticut No Yes – See 52-576 – 136 C. 187
Delaware No Yes – See 8109
Florida No Yes – See 95.04
Georgia No Yes
Hawaii Consult an attorney Yes – See 18 H. 569; 23 H. 696
Idaho No Yes
Illinois No Yes
Indiana No Yes
Iowa No Yes
Kansas No Yes
Kentucky Consult an attorney Yes
Louisiana No Yes
Maine No Yes
Maryland Consult an attorney Consult an attorney
Massachusetts No Yes
Michigan No Yes
Minnesota No Yes
Mississippi No Yes
Missouri No Yes
Montana No Yes
Nebraska No Yes
Nevada No Yes – See 11.390
New Hampshire No Yes – See 382-A:3-103 Para 9
New Jersey No Yes
New Mexico No Yes
New York No Yes
North Carolina No Yes – See 1-26
North Dakota No Yes – See 28-01-36
Ohio No Yes
Oklahoma No Yes – See 12-101
Oregon No Yes – See 12.230
Pennsylvania Consult an attorney Consult an attorney
Rhode Island Consult an attorney Consult an attorney
South Carolina No Yes – See 15-3-120
South Dakota No Yes
Tennessee Consult an attorney Consult an attorney
Texas No Yes – See 16.065
Utah No Yes
Vermont No Yes – See 591
Virginia No Yes
Washington No Yes
Washington D.C. No Yes
West Virginia No Yes – See 55-2-8
Wisconsin No Yes – See 893.45
Wyoming No Yes – See 1-3-119

Written by Jared Strauss

Jared Strauss

I help people settle ALL of their delinquent debts at the same time. I charge 10-15% of what I save you.

I don’t offer a long-term program. I limit my service because debt settlement isn’t successfully reliable if you can’t settle your delinquent debts quickly.

I was formerly one of the most successful debt collectors in the country. And don’t worry, I wasn’t one of those huffy-puffy types. I also held positions of Collection Manager, Corporate Trainer, and Director of Collection Operations. I’ve worked for large third-party collection agencies, collection attorneys and large debt buyers. (full bio)

I’ve dedicated my website towards truly explaining how debt settlement really works and to dispel the myths revolving around credit and debt.

4 Comments

  1. George June 5, 2014

    What if you don’t owe anything-PCS is sending me bills (and to a collection agency) for coins I never ordered. What letter do I send then? I’m in Washington State.

    Coins were ordered and paid for by my father in MD . He replied with cash and my address to a Parade magazine ad as a gift to me and now I am getting collection letters for additional coins I never ordered.

    reply
    • Jared Strauss June 11, 2014

      Hi George,

      If you do not feel the debt is valid, respond to the collection agency with a letter explaining the situation and request that they prove otherwise. This letter is typically termed as a debt validation letter.

      Please feel free to reply with any questions. Take care.

      reply
  2. Judith August 11, 2014

    I have a Default Judgment by MCM (Midland). I was then also invited to participate in a Class Action Lawsuit against MCM – and it a person participated and the Class Action was successful, one would be forgiven $1,000 of your debt that is in collection by MCM. How does one find out about this outcome?
    WA State

    reply
    • Jared Strauss August 14, 2014

      Hi Judith,

      I would call the law firm that handled the class action. They should be able to direct you accordingly. Take care.

      reply

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