Statute of Limitations on Debt in Pennsylvania

Edited by Hannah Locklear

If a debt collector sues you over old debt, you might be wondering what actions to take next. Although it might be tempting to ignore the lawsuit, especially if the debt is time-barred, you'll still need to file an Answer.

The statute of limitations is of the best affirmative defenses you could use in such a situation. So before resorting to debt repayment plans, negotiations with the creditor, or filing for bankruptcy, it's essential to know how the statute of limitations can protect you.

Respond to a debt collection lawsuit in 15 minutes with SoloSuit.

What is the statute of limitations on debt in Pennsylvania?

Pennsylvania's statute of limitations on debt is four years for unsecured loans, oral contracts, open-end accounts, revolving credit, promissory notes, and written contracts such as credit cards, medical bills, personal loans, etc.

The statute of limitations commences on the date you failed to make a payment by the due date.

For this reason, the creditor has up to four years from the date you defaulted or breached the contract to file a collection suit against you. If they fail to file a collection suit within four years, they will be barred from seeking judgment against you in court.

Pennsylvania Statute of Limitations on Debt
Debt Type	Deadline in Years
Auto Loans	4
Rent	21
Written	20 under seal (4 other)
Oral	4
Debt on Account	2
Judgments	4
Source: Findlaw

The four-year statute of limitations also applies to the following types of debts:

• Private student loans (not government-backed loans).
• Secured loans for personal property.
• Second and later mortgages that become unsecured due to a foreclosure.

As mentioned earlier, the four-year statute of limitations doesn't apply to all types of debts. Here are examples of scenarios where the four-year statute doesn't apply:

• Contracts signed under seal. If a contract or document has the word 'seal' in the signature block, then the four-year statute doesn't apply to such a document. Some common types of instruments signed under seal include mortgage loans and other promissory notes. The statute of limitations for such documents is 20 years unless some other statute sets a different time.
• Mortgage loans. The state of Pennsylvania has no legal requirement for a mortgage lender to foreclose within a stipulated period after a default. However, it's argued that mortgages signed under seal should have a 20-year statute of limitations. The only statute of limitations that applies to mortgage loans requires first mortgage lenders to seek a deficiency judgment six months after a sheriff's sale and not later than that.
• Taxes. The state of Pennsylvania has no statute of limitations on most state and local taxes. Even so, the Internal Revenue Service (IRS) is bound to a ten-year statute of limitations for collecting federal taxes in Pennsylvania. The only way you can discharge federal, state, and local income taxes is through bankruptcy.
• Civil fines. Civil fines may apply to government obligations such as criminal fines, restitution, parking tickets, etc. However, such civil fines don't fall under the four-year Pennsylvania statute of limitations.
• Federally-backed student loans. The Pennsylvania statute of limitations only applies to private student loans. There's no statute of limitations on federally-backed student loans.
• Domestic support obligations. The Pennsylvania statute of limitations doesn't apply to domestic support obligations such as child support, alimony, and maintenance.

Note that the statute of limitations only bars creditors from taking legal action against you, but it doesn't prevent them from collecting a debt using other measures. For example, creditors can still collect the debt outside of court using other means as long as they don't violate the federal Fair Debt Collection Practices Act (FDCPA).

Don't let debt collectors push you around. Respond with SoloSuit.

What can restart the statute of limitations?

The purpose of the statute of limitations is to protect you, the debtor, from being sued by the creditor for a time-barred debt. However, there are particular circumstances where you can unknowingly reset the statute of limitations, thus allowing the debt collector to file a collection suit against you.

Some of the actions that can restart the statute of limitations include:

• Acknowledging debt. Always proceed with caution when a creditor contacts you about an old debt. They may try to get you to say or write a promise to pay the debt, an action that will automatically reset the clock on old debt. For this reason, it might be advisable to avoid speaking with debt collectors about an old debt and consult an attorney or SoloSuit for assistance.
• Making a voluntary payment for any amount. Some collection agents may contact you and trick you into making a small payment as a sign of good faith. Suppose you fall for the trick and make a payment of, let's say, $10. In that case, the payment will restart the statute of limitations and give the creditor more time to collect the debt or file a collection suit against you.
• Making a charge. Making a charge to your account on an old credit card automatically resets the statute of limitations.
• Entering a payment plan. The creditor may present you with a settlement offer or promise to clear your debt if you agree to make a partial payment. However, if you agree to a payment plan, the statute restarts and applies to the full debt balance.

Note that if you reset the clock on old debt, it starts back at zero and gives the creditor more time to seek legal action against you. So, if the statute of limitations is ten years and you make a small payment to the debt account after nine years of being dormant, the statute automatically resets.

Make the right affirmative defense with SoloSuit.

What if a debt collector sues you after the statute of limitations has run out?

If a debt collector files a lawsuit against you, you'll need to respond to the lawsuit even if you're confident that the statute of limitations has passed. In your answer to the court, you'll need to state that the statute of limitations bars the plaintiff's complaints. Nevertheless, the statute of limitations isn't the only affirmative defense you can raise. You could raise other types of defenses, such as the debt collectors having insufficient documentation to prove that they own the debt.

If it's your first time receiving a notice of complaint and summons from the court, you may find the process of responding to a debt collection lawsuit a bit hectic. This is where SoloSuit, a step-by-step web app, comes in handy.

You can use the software to generate a legally-acceptable answer document in minutes. The only thing you need to do is accurately answer all the necessary questions. After that, you can print the Answer document and mail it to the court. Alternatively, you can have a SoloSuit attorney review the document and file it on your behalf for a small fee.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware 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 Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court