George Simons | October 19, 2022
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Is a debt collector coming after you in Connecticut? See if the statute of limitations in Connecticut can help you win in court.
A creditor or debt collector can file a complaint against a debtor for unpaid debts within a specified period. This period is usually referred to as the statute of limitations. It varies from one state to another depending on the type of debt or contracts from which the debt arises.
In Connecticut, different debt agreements have varying limits, as discussed below.
Connecticut Statute of Limitations |
|
Debt Type |
Deadline in Years |
Written |
6 |
Oral |
3 |
On Account |
6 |
Judgements |
20 |
Sale of Goods |
4 |
Promissory Notes |
5 |
State Tax |
15 |
Source: Findlaw |
Oral contracts are hard to prove in court, although debt collectors are allowed up to three years to file a complaint against a debtor. For this to work, the collector may have to prove the contract existed by inviting witnesses to the agreement during the court hearing. On the other hand, written contracts such as auto and personal loans have a five-year deadline for debt collectors or creditors to file a complaint.
However, debts from contracts for the sale of goods have a four-year limit, while promissory notes have a five-year limit. The statute of limitations on contracts starts counting from the day the contract is breached. That's as soon as the debtor stops making payments to the debt account as required by the contract.
Respond to a debt collection lawsuit in 15 minutes with SoloSuit.
An open-ended account usually has a pre-approved credit limit with revolving balances. Examples include credit cards and home equity lines of credit. Connecticut's statute of limitation on such accounts is six years.
The clock starts ticking from the day the debtor fails to pay the balances on their account and will go on uninterrupted until the time lapses.
However, if the debtor acknowledges the debt by making any payment or charge to the account, the clock restarts and potentially extends the limitation period. Acknowledging the debt can also involve simple actions like asking the collector for additional time to pay the debt.
The state can sue debtors for back taxes for as long as 15 years after assessing their tax liability.
Child support arrears have no limit in Connecticut. Additionally, the state can collect federal student loans for as long as it exists through methods such as wage garnishment, bank levies, and tax refund interceptions.
Some debt collectors count on a debtor's failure to respond to a collection suit to win the case. If that happens, the court will automatically rule in their favor, awarding them the right to use legal debt collection remedies such as wage garnishment and bank levies to recover the amount owed.
Even though Connecticut laws protect 75 percent of your disposable earnings from garnishment, you may have difficulties surviving on a smaller income, especially if you have dependent family members.
Use SoloSuit to respond to debt collectors and win your case.
If you've been sued for an old debt, the chances are that its statute of limitations has already expired, and the collector has no legal right to sue you. However, the court may not know this unless you show proof of the last payments you made to the account.
The debt collector may also not have enough evidence to prove that you owe the debt. Additionally, they may have outdated records of the debt if you already paid it off.
So many errors can occur when recording the debt, especially after such a long time. Some of these errors include:
If you spot such errors, you can deny the claims in your answer document.
The first thing you need to do is avoid acknowledging the debt at any given time. For example, if you make any payments to the debt account because the collector requested you to, you'll have restarted the statute of limitations clock even if the debt was unpaid for several years.
Next, follow these steps on how to respond to the debt complaint.
Make the right defense the right way with SoloSuit.
Each state sets a deadline for responding to a debt collection complaint. It's important to keep this date in mind to avoid filing your Answer past its due date. For example, in Connecticut, you have up to 30 days from the day you receive the collection summons to respond.
In Connecticut, you'll be required to file two documents as your response, namely:
Mail the prepared Answer and Appearance documents to the right court (where the complainant filed the lawsuit) and serve the plaintiff with a copy. In addition, you may want to use a return mail receipt service to retain proof that the plaintiff received the Answer. This proof comes in handy if the plaintiff claims that they did not receive the answer document.
SoloSuit is a web application specifically created to help you respond to a debt collection lawsuit. This app will ask you a few questions related to your case, which will be used to prepare the most suitable answers for the claims.
The app then generates an Answer and Appearance document as per the courts' requirements in Connecticut, which you'll print and file with the court.
SoloSuit will also instruct you on how to file these documents and provide other additional resources you need to improve the chances of winning your case. For example, you can have an attorney review your Answer document and let Solosuit file your response at a fee.
Given that you only have up to 30 days to respond to a debt collection summons in Connecticut, using SoloSuit to file your Answer and Appearance documents saves you the time and money you would have spent on hiring an attorney.
This legal help software simplifies the entire process, ensuring total compliance with the state's debt collection laws. By filing your Answer and Appearance documents on time and correctly, you'll stand a better chance of winning the lawsuit, effectively beginning your journey to a debt-free life.
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.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
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Need more info on statutes of limitations? Read our 50-state guide.
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