Saturday, November 20, 2010

Statute of Limitations to Collect Debt in Connecticut

Connecticut law regarding the statute of limitations for enforcing debts varies depending on the basis for the debt. Different limitation periods also apply after the debt has been made into a judgment and depend on the court that made the judgment. If a creditor does not take enforcement action before the expiration of the applicable statute of limitations, the creditor is barred from enforcing the debt.

Six-Year Statute

    Connecticut Statute Section 52-576 specifies a six-year limitation period for debts that are based on "an account, or on any simple or implied contract, or on any contract in writing." Debts based on an account include credit card and charge card accounts, sometimes referred to as "open accounts." Promissory notes and installment agreements typically used in consumer transactions are included in this statute.

Three-Year Statute

    If the debt is based on an "express contract or agreement which is not reduced to writing," Connecticut Statute Section 52-581 sets a three-year limitation period to enforce the debt. This statute applies to oral contracts and agreements based on the conduct of the creditor and debtor. The statute does not apply to a sale of goods between merchants, which has a four-year limitation period if the contract is not in writing.

Enforcement of Judgments

    The six-year and three-year limitation periods apply to the deadline for filing a lawsuit to enforce a debt. After a lawsuit has been filed and a creditor obtains a judgment, new limitation periods apply to enforcing the debt. As a general rule, a creditor has 20 years from the date the judgment was made to enforce the judgment by such court process as a levy on a bank account or wage garnishment. However, if the judgment was made in small-claims court, the creditor must enforce the judgment within 10 years. As of March 2011, the maximum judgment allowable in a small-claims case is $5,000.

Reviving a Judgment

    The statute of limitations on enforcing a judgment differs from the limitation on filing a lawsuit in that Connecticut law permits the judgment creditor to extend the enforcement period. Connecticut Statute 52-598(c) authorizes the filing of a motion to revive a judgment, so long as the motion is filed before the enforcement period has not expired. If the court grants the motion, the enforcement period can be extended up to the same length of time as the original enforcement period, either 10 or 20 years.

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