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APR 25, 2012

Oklahoma Statute of Limitations

Is a credit card account considered a written contract, and if so, what is the statute of limitations in Oklahoma?

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Bill's Answer: Bills.com Resident Expert

For a definitive answer to your question, I encourage you to consult with an Oklahoma attorney who has civil litigation or consumer law experience to learn how the limitation of actions provided by Oklahoma law apply to various situations. If you are interested in reviewing the Oklahoma Code of Civil Procedure yourself, it is available online at Oklahoma Statutes on the Oklahoma Legislature Web site.

Here are the consumer-related Oklahoma statute of limitations at a glance:

  • Written contracts: 5 years, (Title 12-95 A(1))
  • Oral contract: 3 years (Title 12-95 A(2))
  • Oklahoma judgment: 5 years (Title 12-735) and can be renewed
  • Foreign judgment: 3 years (Title 12-95 A(2))

Statutes of Limitations on Credit Cards

The question of which statute of limitations applies to credit card debt is a common point of contention between consumers and credit card issuers in many states. Consumers frequently argue that the limitations for "open accounts" or "contracts not in writing" apply to credit cards, while credit card banks argue that their accounts are based on written contracts. Unlike standard written contracts, credit cards contracts are not for a fixed amount, nor does the consumer sign a new credit contract each time a loan is provided (i.e., each time a consumer makes a purchase).

However, creditors have argued, successfully in some cases, that the statute of limitations for "contracts in writing" should apply to credit cards, since the original agreement establishing the account was in writing. Basically, which statute of limitations is applied will depend on the decision of the court hearing the lawsuit in which statute of limitations is raised as an affirmative defense.

Oklahoma Credit Cards

Some Oklahoma courts apply the 5-year statute of limitations for written contracts to credit card agreements. However, others apply the 3-year statute of limitations for open and unwritten contracts. Some Oklahoma commentators say that when Oklahoma statute of limitations law conflicts with another state's statute of limitations law, Oklahoma courts will use the longer statute of limitations. To determine which statute of limitations will likely apply in your case, consult with an Oklahoma attorney to whom you can explain the details of your case, which will allow you to make an informed guess about your situation.

Although I believe the information available on Bills.com is accurate, we cannot guarantee its accuracy, as the information we provide is very general and may not be 100% up-to-date. Consult with an attorney in your state before making any decision about how to handle your financial future.

I wish you the best of luck in resolving your debts; for more information about the options available to consumers struggling with debts, I encourage you to visit our debt help section. See also the Bills.com resources How to Tell Which Statute of Limitations Applies to Your Situation and Statute of Limitations Laws by State to learn more.

I hope that the information I have provided helps you Find. Learn. Save.

Best,

Bill

Bills.com

Comments (20)


Margaret M.
Enid, OK  |  April 25, 2012
I am parent/Legal Guardian of 30 yr old daughter (developmental disability). She was able to go out and apply for several credit cards, even though the guardianship says she cannot enter into a legal contract. Maxed the cards out, I never knew about it until the cc companies sold the accts to credit collectors. Since she only has the income of Soc. Sec. and SSI, can they file judgments against her? It would be discriminatory for them to ask about disabilities on the applications, thus, freeing her to apply. But where is their accountability to resolve the issue based on her inability to enter into a contract?
Bills.com
May 02, 2012
Creditors may not touch Social Security benefits. See the Bills.com resource May a Creditor Garnish Social Security Benefits? to learn more.

Consider placing a credit freeze on your daughter's credit file at each of the three major credit reporting agencies. This will prevent her from opening new accounts in the future.

I do not know how a credit card issuer would have notice, other than a credit freeze, that a person lacks capacity to enter into a contract. I realize my answer may seem unsympathetic to your situation. I assure you I am sympathetic and understand your situation very well.
Allyson F.
Stillwater, OK  |  February 13, 2012
Our employee is being garnished from what I can see is an old credit card account. Case number listed on the garnishment affidavit says Filed in 1998, closed in 1998. Seems to be 'renewed' 1/24/2012. It's upwards of $29K, even though original filing was for indebtedness under $10K. According to the statute of limitations for revolving credit accounts, has this time expired?
Bills.com
February 13, 2012
The date of the debt is irrelevant. What is the date of the judgment?
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Allyson K F.
Stillwater, OK  |  February 14, 2012
Non continuing post-judgment earnings garnishment papers filed 1/24/2012 ... and I'm not sure what that even means. Case 98-1561 in OCSN says filed and closed in 1998. What exactly am I dealing with?
Bills.com
February 14, 2012
I can't say for sure, but it appears that you are dealing with a judgment that resulted from a debt that goes back to 1998. I assume that the judgment was renewed, otherwise it would not be enforceable so many years later.

Regarding the type of garnishment you face, in Oklahoma, creditors have a choice of a non-continuing wage attachment that lasts one pay period or a continuing attachment that is good for 180 days.

You may want to look for information about your case at the OCSN (Oklahoma State Courts Network) Web site. It may be wise for you to consult with an attorney, to see whehter you have any recourse, at this point, to challenge the judgment.
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Allyson K F.
Stillwater, OK  |  February 14, 2012
In the case of a non-continuing judgement for one pay period, as the garnishee, are they expecting us to pay the entire garnishment for our employee? She makes minimum wage. There's no way we can pay $29K for her in one week's pay.
Bills.com
February 14, 2012
Three caveats: I am not licensed to practice law in Oklahoma, I do not have any experience in Oklahoma labor law, nor have I seen a non-continuing judgment before. Therefore, I am incompetent to give you legal advice about your situation. The best advice I can give you is to consult with a Oklahoma lawyer who has employment law experience.

Employers must follow state or federal garnishment exemptions (whichever favors the employee). If the amount of the judgment exceeds the amount allowed, the employer must garnish only the maximum allowed.

Oklahoma follows federal law in terms of how much nonexempt income can be garnished. Under federal law, the lesser of the following may be garnished:
  • 25% total of the debtor’s disposable income (money left after paycheck deductions mandated by law, such as FICA); or
  • The amount by which a debtor’s weekly income exceeds 30 times the minimum wage.

The federal minimum wage is $7.25 per hour as of July 24, 2009. A debtor is guaranteed $217.50 ($7.25/hour × 30 hours) per week exempt from garnishment. If the debtor makes less than that amount each week, then his or her wages are exempt from garnishment. The $217.50 is not the maximum that can be garnished, but it is the amount protected from garnishment.

Again, consult with an Oklahoma lawyer for a more specific answer.

Laura L.
Bonham, TX  |  September 21, 2011
A client of mine moved into a HUD apartment in Oklahoma and when she called the electric company to start service they told her she owed them $900 for unpaid charges back in 2003. The $900 has already gone to collections. She made an arrangement with them to take $100/month from her VA check until it is paid off but the electric company still won't turn on her power until it is completely paid off. In addition, she has a respiratory problem and requires medication that is given through a machine that runs on electricity. The electric company told her that even a letter from her doctor won't get the power turned on sooner. Is there a statute of limitations of these 8 year old charges and does she have any recourse? Thanks.
Bills.com
September 21, 2011
A statute of limitations for debt gives the defendant/consumer an affirmative defense should the plaintiff/creditor file an action against the consumer in court. A statute of limitations does not prevent the collection of the debt (unless the consumer is a Wisconsin resident) or force the creditor to forgive or cancel the debt.

Contact the Oklahoma Corporation Commission, which regulates utilities in that state to learn if the utility is violating Oklahoma statutes or OCC rules by denying service to a customer with which it has entered into a payment plan.
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Bills.com
September 02, 2010
There is not a single correct answer to your question, because the statute of limitations for unsecured debt varies from state to state. Please review the information at Bills.com regarding state debt collection laws. Depending on how much you and how far along you are the collection process, you may want to speak with an attorney.
Norma M.
September 02, 2010
What is the statute of limitations on Credit Union debt?
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Bills.com
February 14, 2010
You need more help than I can provide to you using e-mail messages or postings on a public Web site. Contact an attorney in your state who has experience in torts. (In law, "torts" are a class of common law civil crimes, and not the tasty dessert cake torte.) If the facts you presented are accurate, you have a breech of contract, conversion, and larceny causes of action against the property manager. The attorney's actions are inexplicable given the facts presented, and again this is something for an attorney to review.
Sonja .
February 14, 2010
Have a house in another county. Have a property manager that I pay from the money he receives for keeping my house rented. I am buying the house on a contract for deed. Prop. Man. receives rent, takes his part, gives the remainder to owner's attorney for monthly payments due on my contract. Prop. Manager starts putting money in his pocket for the rent, does not pay owner for six months. Does not contact me about anything regarding this matter. In October I receive foreclosure documents from owner and his attorney because my property manager has made no payments for six months. I lose my job, then the foreclosure appears so I end up trying to file bankruptcy to place hold on property until I can figure out how to keep it with my financial situation being in ruin. I end up losing house in bankruptcy. Bankruptcy discharged two weeks ago. House is pending in foreclosure. Yesterday I find that the renter is still in my home, and has been instructed by the owner's attorney , IN OCTOBER, that she is to pay them for the house and he is keeping the money in a trust until the foreclosure is finalized. He told the renter this, at the same time he filed foreclosure on me, so he has been accepting payments for six months on the house and at the same time going forward with this foreclosure.. I realize I probably have an Embezzlement Charge against the property manager for keeping the money from April to October. What charges do I have against the attorney for continuing a foreclosure at the same time receiving money for my house which I thought I had lost. And subsequently had to file bankruptcy and lost everything trying to keep it...?
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Bills.com
December 14, 2009
The statute of limitations varies by state and by the type of debt. Typically, debt is civil matter unless fraud is involved. You did not include your state of residence in your message, so it is impossible for me to answer your question. Please see Collection Laws and Statute of Limitations and Collection Agency, Collections Laws & Statute of Limitations for more information.
Edith S.
December 14, 2009
I am writing to get some information on the criminal aspects of the statute of limitations. This is my sitution,I was actually going through a credit union back in 2001 and had wrote some checks in the total amount of $833.12 and they say that I didn't pay them off when I remember specifically that I did, but that is another story anyway I wa just contacted through the mail that I owed this amount today december 14th 2009 can they actually come after me for this after 8 years? And how long is the statute of limitations on something such as that?
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Bills.com
September 10, 2009
See the Bills.com page State Consumer Protection Laws and Exemptions.
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