Wednesday, March 20, 2013

The Statue of Limitations for Collecting in Pennsylvania

The statute of limitations for collecting debt in Pennsylvania varies by debt type. Once the statute expires, a debtor gains a legitimate defense in civil court if her creditor sues her to force payment. The debt collection laws in Pennsylvania also limit how a creditor may force a debtor to repay money owed.

Open Accounts

    An open account is an extension of credit without a fixed term of repayment like a credit card or line of credit. The borrower may use the credit available in the open account as long as the account remains in good standing with the creditor. The debtor must make minimum monthly payments on the account and avoid routinely spending over the account's assigned credit limit to properly maintain the account. The state of limitations for debt collection involving an open account in Pennsylvania is four years.

Written Contracts

    A written contract is an agreement between two parties to provide a service in exchange for a certain fee. A written contract may take several forms including a lease agreement, independent contractor agreement or bill for medical services. The statute of limitations for debt collection involving a written contract in Pennsylvania is four years. Once this statute expires, a creditor may no longer pursue a debtor in civil court to force the debtor to repay the debt.

Domestic Judgments

    A domestic judgment is a decision handed down from a Pennsylvania court compelling a debtor to repay a debt owed. A creditor in Pennsylvania has up to five years to pursue a debtor to satisfy a judgment rendered from a state court. A creditor may appeal to the court that entered the judgment to renew the claim by filing a Praecipe for Revival or an Agreement to Revive the Judgment. This renews the statute of limitations on the debt giving the creditor more time to pursue the debtor.

Foreign Judgments

    A foreign judgment is a decision from an out-of-state court or an international court regarding the repayment of a debt. A creditor in Pennsylvania has four years to collect on a judgment obtained from an out-of-state or international court. Pennsylvania permits a creditor to place a lien on a debtor's real property, including a home or automobile, as a means of collecting a debt. A lien is a claim made against the value of the property, which allows the creditor to claim proceeds from the sale of the property before the debtor gets any of the money. Wage garnishment is illegal in Pennsylvania for all debts except back taxes, alimony and child support.

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