Kansas Statute of Limitations on Debt Collection

Chloe Meltzer

March 05, 2021

Be ready when the statute of limitations is up.

Summary: Creditors and debt collectors can't just come after you for any old debt. Once the statute of limitations has expired, you get to move on with your life. Find out if a debt collector is violating the law by seeking payment for your old debt.

The statute of limitations is a law that provides the maximum amount of time where legal proceedings can be initiated. When it comes to debt collection, it refers to the amount of time that a creditor or debt collection agency can legally pursue you for a debt.

The statute of limitations is different in each state, giving a different amount of time before your debt can legally become time-barred. Despite this, just because your debt is older and passed the statute of limitations, it does not mean that a creditor will not try to pursue you for your debt.

What Happens When You Don't Pay Your Debt

Carrying debt can be stressful, make you feel insecure, or even shameful. The reality of the situation is that many people struggle with debt in the United States. Try not to become overwhelmed, but be sure to know your options, the consequences, and your rights.

What is most important is to respond to any court notices that you receive. When you receive a collections letter, it means that you have access to all information about the debt. You can request verification of the debt, along with confirming that you owe the amount requested.

When You're a Victim of Abusive Collections Practices

The Fair Debt Collection Practices Act (FDCPA) was put into place to protect you as a consumer from abusive collections practices. This means that if a creditor or third-party debt collection agency calls and threatens you, you do have recourse against them. Additionally, if they call you at odd hours, contact you at work, or mention your debt to family or friends, you can bring a countersuit against them as well.

In this case, you would want to send a cease and desist letter, requesting that the creditor no longer contact you. The only contact they will then legally be able to maintain with you, are notices of legal actions against you.

Should you experience an abusive creditor or harassment from a collections agency, report the company to the Consumer Financial Protection Bureau. You can also file a complaint with the Kansas State Attorney General's Office.

When You Don't Respond to a Summons

If you do not respond to a court summons, then you will be given a default judgment, meaning you automatically lose your case. This is something you want to avoid at all costs. When a default judgment occurs some creditors may even request to freeze your bank account or garnish 25% of your wages. It is good to note that if your weekly income is not more than 30 times the federal minimum hourly wage, your earnings cannot be garnished. Despite this, it is important to work to resolve your debt issues with debt management, choose a repayment agreement, or fight your debt in court.

Kansas Statute of Limitations on Debt Collection

Kansas Statute of Limitations
on Debt

Debt Type

Deadline in Years

Mortgage

5

Medical

5

Credit Card

3

Auto Loan

4

State Tax

10


Source: Findlaw



Although a debt collector or creditor can continue to collect debt out of court after the statute of limitations has expired, a judge will never be able to enforce it. This means that a creditor can no longer sue you or pursue wage garnishment once the statute of limitations has expired.

It is easy to think that the day you opened your credit account would be the day the statute of limitations started. This is not the case. In Kansas and all other states, the statute of limitations starts the day that your account was closed or the last payment on the account.

If you acknowledge your debt for any reason or make a payment on it, then the statute of limitations will reset. This means that if a creditor approaches you and offers a payment plan, it may be a ploy in an attempt to restart the statute of limitations.

Your best bet is to locate your last payment record, to find out the date that the statute of limitations started for you, and then avoid payment until your case has been dismissed.

The statute of limitations in Kansas is as follows:

  • Mortgage debt: 5 years
  • Medical debt: 5 years
  • Credit card debt: 3 years
  • Auto loan debt: 4 years
  • State tax debt: 10 years

Pros and Cons of Using Payday Loans to Pay Off Your Debt

If you are in an emergency situation where the statute of limitations has not expired, then you may be going through a court case and be required to pay off your debt. Payday loans are an option for those who are actively working. If you have proof of employment and a bank account, you should be able to obtain one.

Be very careful with payday loans because they carry high fees and you may not be able to repay the loan when you receive your next check. This might add additional fees and start the debt process all over again.

Payday loans in Kansas also have specific laws. Interest cannot be more than 15%, but the loan cannot be over $500, and the maximum term is 30 days. If you are struggling with serious debt, then this may not even make a dent and may make matters much worse.

Debt Relief Programs Available in Kansas

If the statute of limitations has not expired, you may decide that you wish to pay your debt. In this case, speaking with a debt management expert can be extremely helpful. There are various nonprofit organizations, such as the Consumer Counseling Credit Service. This organization can help with debt management plans, education, and bankruptcy counseling.

Otherwise, there are various options as far as debt management services. Be aware that a debt management service will not guarantee that creditors will negotiate. Sometimes you may even need to pay for assistance with a debt management plan. Typically, the goal is to repay the full amount you owe with a lower interest rate. The only negative aspect of working with a debt settlement company is that you will continue not to pay your debt. In the meantime, this can greatly affect your credit because the creditor is not required to work with you.

Overall, you will need to decide if a debt settlement is worth it for you. If you go with a debt settlement, then not only will you be required to pay your debt back, but you will also be required to pay a fee to the company. This compounds extra interest on your account should the debt collectors not agree to your negotiations.

Debt is a difficult situation to be in, so if you can hold out for the statute of limitations, then you legally will not be able to be pursued in court, for debt in Kansas.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


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