Statute Of Limitations by State

[Trish]

I decided to revise the SOL by State thread and make it easier to get to each state.

Click on a state below to see the information on collection SOL.
Please keep in mind this is different than the reporting SOL which is 7 years.
I will be closing this thread so that it is basically a "read only" thread. If you have any specific questions regarding SOL, please start a new thread.

Thank you.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District Of Colombia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

[Trish]

ALABAMA

INTEREST RATE

Legal: 6%

Judgment: 12%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 6

Domestic Judgment: 20

Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)
Greater of $10 or Actual Bank Charges

GENERAL GARNISHMENT EXEMPTIONS
75% of wages are exempt from garnishment

COLLECTION AGENCY BOND & LICENSE

Bond: No

License: Yes

*Exemption for out-of-state collectors: Business License not required for out-of-state agency.

[Trish]

ALASKA

INTEREST RATE

Legal: 10.5%

Judgment: 10.5% or contractual

STATUTE OF LIMITATIONS (IN YEARS)

Sale of Goods: 4

Written Contract: 6

Domestic Judgment: 10

Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)
Damages in amount equal to $100 or triple the amount of the check whichever is greater. But no more than $1000 over the amount of the check.

GENERAL GARNISHMENT EXEMPTIONS
75% of employee's weekly net income or $402.50 whichever is more.

COLLECTION AGENCY BOND & LICENSE

Bond: $5000

License: Yes

[Trish]

ARIZONA

INTEREST RATE

Legal: 10%

Judgment: 10% or contractual

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 6 in Az. - 4 outside Az.

Domestic Judgment: 5-additional 5 upon request (indefinitely)

Foreign Judgment: 4

BAD CHECK LAWS (CIVIL PENALTY)
Twice the amount of check, costs of suit, reasonable attorney fees.

GENERAL GARNISHMENT EXEMPTIONS
See federal law.

COLLECTION AGENCY BOND & LICENSE

Bond: $10,000 minimum (based on gross income)

License: Yes

[Trish]

ARKANSAS

INTEREST RATE

Legal: 6% or 5 points above the Fed. discount rate

Judgment: Contract rate or 10% per annum whichever is greater

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 5 (partial payment stops the statute from running)

Sale of Goods: (UCC-2) - 4

Domestic Judgment: 10 - Renewable

Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)
Twice amount of check - prior to double charge - can start out with $15 charge per NSF check after 30 days.

GENERAL GARNISHMENT EXEMPTIONS
$500 head of family; $200 single. Includes personal property except clothing.

COLLECTION AGENCY BOND & LICENSE

Bond: $5000 to $25000

License: Yes

[Trish]

CALIFORNIA

INTEREST RATE

Legal: 10%

Judgment: 10% (Unless otherwise contracted)

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: Reduced to writing-4

Open Acct.: No writing-2

Written Contract: 4

Domestic Judgment: 10 (renewable at 10)

Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA. residence.)

BAD CHECK LAWS (CIVIL PENALTY)
Amount due, Treble damages - minimum $100 maximum $1500 per check

GENERAL GARNISHMENT EXEMPTIONS
See federal law. Exemptions for necessaries of life.

COLLECTION AGENCY BOND & LICENSE
No license or bond required.

[Trish]

COLORADO

INTEREST RATE

Legal: 8%

Judgment: 8% (or higher if specified in contract or note)

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 6 (signed promissory note)

Written Contract Goods Services: 3

Domestic Judgment

District Court-20 (renewable every 20)

County Court-6 (renewable every 6)

Foreign Judgment: 6 in CO.

BAD CHECK LAWS (CIVIL PENALTY)
Treble Damages & Reasonable Fees

GENERAL GARNISHMENT EXEMPTIONS
See federal law.

COLLECTION AGENCY BOND & LICENSE

Bond: $12,000 - 20,000

License: Yes


Exemption for out-of-state collectors: Out of state collectors are exempt if [1] collecting only by interstate means (phone, fax, mail); [2] have no Colorado client; and [3] are regulated an\d licensed in the state in which they reside.

[Trish]

CONNECTICUT

INTEREST RATE

Legal: 8%

Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 6

Written Contract: 6

Oral Contract: 3

Domestic Judgment: 20/25

Small Claims Judgment: 10/15

Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)
Personal liability of signatory on corporate claims unless signed in corporate capacity.

GENERAL GARNISHMENT EXEMPTIONS
25% you may garnish disposable earnings each week, or 40 x fed. min. hourly wage, whichever is less.

COLLECTION AGENCY BOND & LICENSE

Bond:$5000

License: Yes

[Trish]

DELAWARE

INTEREST RATE

Legal + Judgment -

Federal Reserve Discount Rate Plus 5% Points

STATUTE OF LIMITATIONS (IN YEARS)

Sale of Goods: 4

Open Acct.: 4

Written Contract: 3

Domestic Judgment: No provision

Foreign Judgment: No provision

BAD CHECK LAWS (CIVIL PENALTY)
Amount due, cost of suit, protest fees

GENERAL GARNISHMENT EXEMPTIONS
85% of disposable earnings or disposable earnings minus $150 weekly according to schedule.

COLLECTION AGENCY BOND & LICENSE

Bond: No

License: Merc. License

[Trish]

DISTRICT OF COLUMBIA

INTEREST RATE

Legal: 6%

Judgment: 70% of interest rates on taxes to IRS

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3

Written Contract: 3

Domestic Judgment: 20

Foreign Judgment: Foreign Statute

BAD CHECK LAWS (CIVIL PENALTY)
Amount Due - Protest Fees

GENERAL GARNISHMENT EXEMPTIONS
See federal law. D.C. Government employees are not attachable.

COLLECTION AGENCY BOND & LICENSE

Bond: No

License: No