What is the statute of limitations on credit card debt in Kentucky?

Answer 1

5 years, open end ! Says what Case Law? Collection Agencies and Attys for them go for the "written contract" SOL which is 15 years. I can find no case law supporting either 5 or 15. Most people just give up or work out a deal it seems to me. I love to see some caselaw on this 413.120 statute KY statues are below... Recovery of real property: 15 years (KRS 413.0 10).

Judgment, contract or bond: 15 years (KRS 413.110).

Breach of sales contract: 4 years (KRS 355.2- 725).

Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).

Action on check, draft or bill of exchange: 5 years (KRS 413.120).

Action for fraud or mistake: 5 years (KRS 413.120).

Actions not provided for by statute: 10 years (KRS 413.160). In a new case in Callaway County KY :07-25-08 First Resolution vs Kathy Todd The judge ruled that CC's are tradtionally deemed as revolving open ended accounts. And in this case is is treated as such. The CA was ruled against, and the defendant in favor of. Looks like this is one for clarifications for your local court to look at when the Collection agencies bring in all these written contract this and that. Use this with your other stuff. Look up this case

Answer 2

5 years on an open account. This is a credit card or revolving account. Statute begins tolling from when the cause of action began -- when the individual breached the terms and conditions of the contract. Beware that may credit card companies have very precise contracts that people agree to when they open the account. You may have agreed to have the dispute settled using the laws of another state (choice of laws). If the statute has tolled, and you reaffirm the date by taking any actions(such as payments, etc), you may have started the clock again.

Answer 3

Credit Card debt is considered an Open Line of Credit. The Statute of Limitations for collection in Kentucky is 5 years. That is measured from the last use or payment.