Consumers who acquire debts in Kansas are protected by specific laws that not only limit when a creditor can sue you, but also limits how long a creditor has to collect money from you and how it must behave as it does so. You should speak with a Kansas attorney if you need legal advice about the consumer debt laws that apply to you or need assistance with a debt issue in Kansas.
Types of Debts
Consumer debts are generally placed into four main categories: oral contracts, written contracts, promissory notes and open accounts. A written contract is a contract in which the parties record the terms in a document, while an oral contact has no such writing to accompany it. A promissory note, while also made in writing, is not a contract because it only extends a promise from one party to pay the other. An open account, which is also usually made with an accompanying document, extends credit on an ongoing basis, such as a credit card agreement.
Statutes of Limitations
Kansas has different statutes that limit how long a creditor has to sue you for an unpaid debt based on the kind of debt you've incurred. For example, Kansas Statutes Annotated section 60-512 states that a creditor must bring an action-based on a contract that is expressed or implied but not in writing -- an oral contract -- within three years. A promissory note, on the other hand, has a five-year statute of limitations associated with it, according to K.S.A. 60-511.
Judgment Limitations
If you live in Kansas and are sued by a creditor, that creditor has a limited amount of time to collect the money from you if it wins in court. Once a creditor wins a lawsuit, it receives a judgment from the court stating how much money you have to pay. Kansas Statutes Annotated section 60-2403 states that a judgment creditors have five years to recover on a judgment, though a creditor can also file for renewal of the judgment within 10 years from the date the court issues it.
Debt Collections
Kansas residents are also protected by the federal Fair Debt Collection Practices Act. This law protects Kansas consumers from aggressive debt collectors by offering specific rules with which collectors must abide. Once protections, according to the Kansas Attorney General's office, states that collectors are not allowed to contact you before 8 a.m. and after 9 p.m. unless you specifically agree otherwise. If you have a complaint about an aggressive debt collectors, you can contact the Attorney General's Office of Office of Consumer Protection by calling 1-800-432-2310, or by contacting the Federal Trade Commission at 1-877-FTC-HELP.
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