CAN MY CREDIT CARD COMPANY STILL SUE ME?

Can My Credit Card Company Still Sue Me?:  A Summary of the Statutes of Limitations for Credit Card Debt

In today’s struggling economy incurring debt seems to be inevitable. In particular, consumer credit card debt is at an all-time high and is severely impacting the financial and emotional lives of millions of Americans. Credit card companies often attempt to charge exorbitant interest rates, make harassing collection calls and, quite often, file collection lawsuits to gain judgments against consumers who are ill-equipped to defend themselves. But often times, unknown to the consumers, a viable defense to such lawsuits exists – expiration of the statute of limitations.

In short, a statute of limitations is a period of time within which a lawsuit or claim must be filed before it can be dismissed as not being timely. There are statutes of limitations of various timeframes for many different areas of the law (e.g., filing a personal injury lawsuit, collecting on a judgment, etc.) which begin to “run” at various times (e.g., time of the injury, date of the judgment, etc.). The statutes of limitations applicable to the filing of lawsuits based on nonpayment of credit card debt vary in length by state and generally begin to run from the date of the first missed payment. However, please keep in mind that there are a number of events which can re-start the statute of limitations time period.

The following is a summary of the statutes of limitations that may apply to credit card debt collection lawsuits in the Southeastern Atlantic states of North Carolina, South Carolina, Georgia and Florida. However, this summary is provided merely as a starting point for consumers – there are many factors which can affect the applicability or relevance of a particular statute of limitations and many of such factors are beyond the scope of this article. Consumers should consult with an experienced debt negotiation attorney before proceeding to raise these time-barring defense tools against credit card companies.

North Carolina

  • The statute of limitations for credit card debts is generally three (3) years
  • The statute of limitations for promissory notes is generally five (5) years

South Carolina

  • The statute of limitations for credit card debts is generally three (3) years
  • The statute of limitations for promissory notes is generally three (3) years

Georgia

  • The statute of limitations for credit card debts is generally four (4) years
  • The statute of limitations for promissory notes is generally six (6) years

Florida

  • The statute of limitations for credit card debts is generally five (5) years
  • The statute of limitations for promissory notes is generally five (5) years

 McGrath & Spielberger helps consumers by providing viable, personalized solutions to their debt problems.


McGrath & Spielberger, PLLC provides legal services in Florida, Georgia, North Carolina, Ohio, Pennsylvania, South Carolina, and Tennessee. The firm offers full scale representation, as well as limited scope services, as appropriate for the situation. Please be advised that the content on this website is not legal advice, but rather informational, and no attorney-client relationship is formed without the express agreement of this law firm. Thank you.

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