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Kansas Statute of Limitations on Debt Collection

Chloe Meltzer | October 19, 2022

Winning your Kansas debt collection lawsuit feels like ^^

Summary: The statute of limitations on debt is the time period that a debt collector can sue someone for a debt they owe. When you make a payment on a debt account, it resets the clock. This is why you should always check your debt's statute of limitations before paying anything off. In Kansas, the statute of limitations is three years for oral contracts and five years for written contracts. If you are being sued for a debt you owe, SoloSuit can help you take a stand and win in court.

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 in court.

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 is the statute of limitations on debt in Kansas?

First and foremost, you should know that there are different statutes of limitations for different types of debt. In other words, the amount of time someone can sue you for a debt is not only determined by where you live, but also by the type of debt involved.

In Kansas, the statute of limitations on debt is either three or five years, depending on the type of debt in question. The statute of limitations is three years for oral contracts and five years for written contracts.

This means that the statute of limitations on credit card debt is three years in Kansas. So, a debt collector or creditor only has three since the last payment on a credit card was made to sue someone for credit card debt.

Below are the actual laws that outline the statute of limitations on certain types of actions and debt in Kansas.

Kansas Statutes 60-512 states:

Actions limited to three years. The following actions shall be brought within three (3) years: (1) All actions upon contracts, obligations or liabilities expressed or implied but not in writing. (2) An action upon a liability created by a statute other than a penalty or forfeiture.”

Kansas Statutes 60-511 states:

Actions limited to five years. The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.

(2) An action brought on any covenant of seizin contained in any deed of conveyance of land.

(3) An action brought on a covenant of warranty contained in any deed of conveyance of land, after there shall have been a final decision against the title of the covenantor in such deed.

(4) An action upon the official bond or undertaking of an executor, administrator, conservator, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case required by statute.

(5) An action for relief, other than the recovery of real property not provided for in this article.”

The table below also outlines the statute of limitations on different types of debt in Kansas:

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


What if the statute of limitations has already passed?

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.

What happens when you don't pay your debt?

If you don't pay off your debt when debt collectors come after you, there is a good chance they will keep contacting you or even sue you.

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, and learn about 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 debt collection 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.

The FDCPA can protect you from abusive debt collectors

What does FDCPA stand for? It's the Fair Debt Collection Practices Act (FDCPA), which is a federal law that was put into place to protect consumers like you 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.

What happens when you don't respond to a court 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. Garnishment laws in Kansas protect you from wage garnishment if you are below a certain income bracket or if you cannot work due to illness. These laws also prevent multiple wage garnishments over a 30-day period.

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.

How to stop garnishment in Kansas

There are several ways to avoid garnishment in Kansas, but the best is to respond to your debt collection lawsuit before any judgment is granted. In fact, you can increase your chances of winning the case by 7x just by responding to the lawsuit.

A collector cannot garnish your wages unless a judgment has been granted. You can avoid judgment by filing an Answer to the debt lawsuit and fighting back in court. There is a good chance the statute of limitations on your debt is expired and you technically can't be brought to court over the alleged debt.

Avoid garnishment by responding to your debt collection lawsuit ASAP.

Using payday loans to pay off your debt has pros and cons

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.

Kansas has debt relief programs that can assist you

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 fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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