{"id":2092,"date":"2022-08-31T09:41:37","date_gmt":"2022-08-31T13:41:37","guid":{"rendered":"https:\/\/demandbid.com\/?p=2092"},"modified":"2022-08-31T09:41:37","modified_gmt":"2022-08-31T13:41:37","slug":"does-disputing-a-debt-restart-the-statute-of-limitations","status":"publish","type":"post","link":"https:\/\/demandbid.com\/does-disputing-a-debt-restart-the-statute-of-limitations\/","title":{"rendered":"Does Disputing a Debt Restart the Statute of Limitations?"},"content":{"rendered":"<p>Defending a debt does not automatically restart the statute of limitations. You must ensure that you are aware of the correct dates for your debts. Another important consideration is the correct debt payment history. This will ensure that you can avoid unnecessary penalties in the future. Keep a careful record of the dates of your debts.<\/p>\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_37 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" style=\"display: none;\"><label for=\"item\" aria-label=\"Table of Content\"><span style=\"display: flex;align-items: center;width: 35px;height: 30px;justify-content: center;\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/label><input type=\"checkbox\" id=\"item\"><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/demandbid.com\/does-disputing-a-debt-restart-the-statute-of-limitations\/#Defending_a_debt_does_not_restart_the_statute_of_limitations\" title=\"Defending a debt does not restart the statute of limitations\">Defending a debt does not restart the statute of limitations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/demandbid.com\/does-disputing-a-debt-restart-the-statute-of-limitations\/#Keeping_track_of_the_correct_dates_of_your_debts\" title=\"Keeping track of the correct dates of your debts\">Keeping track of the correct dates of your debts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/demandbid.com\/does-disputing-a-debt-restart-the-statute-of-limitations\/#Refusal_to_make_payments_on_a_debt_does_not_restart_the_statute_of_limitations\" title=\"Refusal to make payments on a debt does not restart the statute of limitations\">Refusal to make payments on a debt does not restart the statute of limitations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/demandbid.com\/does-disputing-a-debt-restart-the-statute-of-limitations\/#Cant_be_sued_over_a_time-barred_debt\" title=\"Can&#8217;t be sued over a time-barred debt\">Can&#8217;t be sued over a time-barred debt<\/a><\/li><\/ul><\/nav><\/div>\n<h2><span class=\"ez-toc-section\" id=\"Defending_a_debt_does_not_restart_the_statute_of_limitations\"><\/span>Defending a debt does not restart the statute of limitations<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>If you have an old debt that you owe, you may be wondering if defending the debt will restart the statute of limitations. Well, it depends on the case. Defending a debt means acknowledging that you have a debt, but disputing its validity and claiming that it is not accurate. If you do this, you will restart the statute of limitations, and the creditor will still have the right to sue you for the debt.<\/p>\n<p>First of all, you should know that a debt statute of limitations is measured from the date you last made a payment on the debt. For example, if you owe $5000 to DEF and last made a payment in 2010, your statute of limitations would start at April 1, 2014. Usually, the consumer can check their financial records to see when the last payment was made. If you do not remember, you should check with an attorney and the applicable law in your state.<\/p>\n<p>In Texas, if you have a debt, the statute of limitations to file a lawsuit is four years from the date of default. This does not mean that your debt is unpaid, but if you have made a payment after the statute of limitations, you can still use the statute of limitations defense to stop a debt collection from pursuing you in court.<\/p>\n<h2><span class=\"ez-toc-section\" id=\"Keeping_track_of_the_correct_dates_of_your_debts\"><\/span>Keeping track of the correct dates of your debts<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>Your statute of limitations begins when you fail to make the required payment on your debt. This means that your creditor can continue to pursue you for six years, if the clock is not reset. However, you can restart the statute of limitations by making a partial payment. However, you should consult with an attorney or the applicable state law before making any partial payment.<\/p>\n<p>Keeping track of the correct dates of your accounts and debts is essential if you are going to fight a debt collection. If you do not, the clock will keep ticking and you will lose years of waiting and built-up interest. You can find the correct dates of your debts in your credit report. You should check the date on which you last made a payment on a debt before contacting the collection agency. Failure to pay a debt will hurt your credit and push you deeper into debt, destroying your financial foundation.<\/p>\n<p>Keeping track of the correct dates of your accounts and debts is crucial to avoiding having your debts restarted by the statute of limitations. The statute of limitations on your debts typically runs for six years, but you can often keep up to date by making sure you keep track of the dates you paid the debt.<\/p>\n<h2><span class=\"ez-toc-section\" id=\"Refusal_to_make_payments_on_a_debt_does_not_restart_the_statute_of_limitations\"><\/span>Refusal to make payments on a debt does not restart the statute of limitations<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>The statute of limitations does not restart if you refuse to make payments on a debt. This means that if you refuse to make payments on a debt, you are acknowledging the debt, but not the fact that it is time-barred. This restarting of the statute of limitations allows the creditors to contact you and try to collect the old debt. The time period begins again from the day that you make a payment.<\/p>\n<p>When considering whether to engage in legal action against a debtor, it is best to consult an attorney. There are a number of ways to defend yourself against aggressive creditors. One way is to ignore summonses. This is a bad idea. First of all, you should double-check that the debt is indeed yours before ignoring the summons.<\/p>\n<p>You can also use the statute of limitations to your advantage. For example, if you have not made any payments on a debt for six years, you can sue it for that amount if the statute of limitations has not expired yet. To avoid this situation, you should not admit to a debt that is over the statute of limitations. In fact, it is a violation of the Fair Debt Collection Practices Act if a debt collector attempts to sue you for a debt that is not time-barred.<\/p>\n<h2><span class=\"ez-toc-section\" id=\"Cant_be_sued_over_a_time-barred_debt\"><\/span>Can&#8217;t be sued over a time-barred debt<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>Time-barred debts are debts that have passed their statute of limitations. This means that a creditor or debt collector cannot sue you for unpaid debt after that date. However, certain actions may re-start the statute of limitations clock. For example, if you&#8217;ve taken out a loan that you&#8217;ve not paid, you might be able to get a new loan within three years if the time-barred debt hasn&#8217;t expired.<\/p>\n<p>The problem with time-barred debt is that you&#8217;re not completely free of debt collectors. They may try to use deceptive tactics to collect money. For example, you might receive phone calls from a debt collector claiming that you can&#8217;t get access to a hospital because you&#8217;ve missed a payment. This is deceptive, as federal law requires hospitals to accept patients regardless of their past due bills.<\/p>\n<p>A time-barred debt is still legally due in most states. A debt collector can still contact you by phone and through the mail to collect money from you. If you receive these calls, you can ignore them, dispute them, or even declare bankruptcy. In addition, you can file a complaint against the debt collector if you believe they&#8217;re harassing you. This can result in a lawsuit.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defending a debt does not automatically restart the statute of limitations. You must ensure that you are aware of the correct dates for your debts. Another important consideration is the correct debt payment history. This will ensure that you can avoid unnecessary penalties in the future. Keep a careful record of the dates of your [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":2093,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2092","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/posts\/2092","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/comments?post=2092"}],"version-history":[{"count":1,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/posts\/2092\/revisions"}],"predecessor-version":[{"id":2094,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/posts\/2092\/revisions\/2094"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/media\/2093"}],"wp:attachment":[{"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/media?parent=2092"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/categories?post=2092"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/demandbid.com\/wp-json\/wp\/v2\/tags?post=2092"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}