Law Office of Allan E. Dunaway, PLC

Kentucky’s statute of limitations on credit card debt

Consumers all over Kentucky are facing climbing debt from credit cards. For many, it may feel as if there will never be a way out of the mounting bills. But, there is a statute of limitations that prevents consumers from being sued by creditors after so many years. This is designed, more than anything else, to protect Kentucky residents from living their entire lives in fear of a lawsuit.

Unlike many states, Kentucky’s statute of limitations is, for lack of a better word, unclear. This is because no specific law has been passed about credits laws. Oral contracts have a five-year statute of limitations from the moment the last action has been made on the debt. Written contracts, on the other hand, have a 15-year statute. 

 

Credit card companies have the ability to change their terms without the consent, or even notice of the card holder. Therefore, it is unclear whether this is an oral or written contract. As such, every case is judged by the courts individually, making the entire situation extremely confusing.

What is clear, however, is what happens if the courts say the statute of limitations is deemed to have passed. Creditors may not sue you to pay the debt, as it is technically legally absolved. But, creditors can continue to call you in effort to get you to pay. If you feel threatened by creditors while they attempt to collect your credit card debt, or they bring suit against you before or after the statute of limitations is up, you do have options. A bankruptcy law attorney may be able to give you more thorough advice regarding the matter. 

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For sound bankruptcy advice you can count on, from a skilled lawyer who truly cares about your future, contact the Louisville Law Office of Allan E. Dunaway, PLC. We have two convenient locations: Louisville, Kentucky, and Jeffersonville, Indiana. Our main office in Louisville is located off the beaten path so you won't have to deal with downtown traffic and can pull right up to our door and walk right in.

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