How Long Can A Creditor File A Judgment?

by Sherri
(North Fort Myers)

How long does a creditor have to file with the courts for a judgment?

Answer from

Sherri, we assume what you are asking is how long a creditor can sue you to collect a debt you owe. If they successfully sue, or they sue you and you don't respond to the lawsuit, then they get a judgment against you.

This is governed by the statute of limitations. In some states creditors can sue after the statute of limitations has expired, but you can raise the statute of limitations as a defense.

According to our sources, the statute of limitations for most consumer debts in Florida is 4-5 years. We are not attorneys so we can't provide legal advice, however.

We recommend you read our information about being sued for a debt.

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Apr 13, 2011
Statute of Limitations?
by: Susan

Please explain how the statute of limitations on debt works. If I have a credit card account that I stop paying, and that card gets sent to collections, is the statute of limitation on that debt begin at the date of last activity of the original account or does it begin when it goes to collections? Also, is the debt considered to be new if it gets sold multiple times? I am in North Carolina.

Apr 13, 2011
Statute of Limitations

Sherri -

Typically the statute of limitations begins when you default on the debt with the original creditor. If you subsequently make payments on the debt - or even agree to do so - you may start the statute of limitations all over again. That's why we discourage debtors from making token payments just to buy time with a debt collector.

The fact that a debt collector resells the debt is irrelevant for these purposes. In addition, the fact that a debt is sold to a new collection agency does NOT affect how long it can be reported on your credit reports.

Hope this helps!

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