Debt collectors in Pennsylvania

Credit cards: 42 Pa.C.S. § 5525(a) gives 4 years for an express contract not in writing ((a)(3)), a contract implied in law ((a)(4)), and a contract or obligation founded on a writing, 'under seal or otherwise' ((a)(8)). Every category a credit card could fall into is therefore 4 years, unless it is an 'instrument in writing under seal' under § 5529(b)(1), which a card agreement normally is not.

Payments and acknowledgments: I found no Pennsylvania acknowledgment statute in 42 Pa.C.S. ch. 55. Pennsylvania applies a common-law acknowledgment doctrine: a clear, unequivocal acknowledgment of the debt, consistent with a promise to pay, tolls or revives the period, and a part payment can qualify. I could not confirm the controlling case law in this pass, so this is marked unclear. § 5525(a)(7) does state that for demand instruments the period runs from the later of demand or any payment of principal or interest. I found no statute barring revival of time-barred consumer debt; the AG debt-collection regulations at 37 Pa. Code ch. 303 have been reserved (repealed) since 2001.

Judgments: Enforceability: an execution against personal property must issue within 20 years of entry of the judgment (42 Pa.C.S. § 5529(a)). The lien on real property lasts 5 years, and an action to revive it must be commenced within 5 years (§ 5526(1)). Revival by writ of revival or agreement is repeatable and preserves lien priority. Separately, § 5525(a)(5) sets 4 years for 'an action upon a judgment or decree of any court of the United States or of any state'.

Other rules: Statute text was read on the official palegis.us site. Conflict in the code itself: 42 Pa.C.S. § 5525(a)(7) gives 4 years for any note, negotiable or not, while 13 Pa.C.S. § 3118(a) (UCC) gives 6 years for a negotiable note payable at a definite time. I put 6 as the conservative negotiable-note figure; non-negotiable notes are 4. Notes and other instruments under seal: 20 years (§ 5529(b)(1), 'notwithstanding section 5525(7)'). Act 46 of 2018 deleted § 5529(b)(2). Sale-of-goods contracts fall under 13 Pa.C.S. § 2725 (4 years). No state statute bans time-barred suits; the Fair Credit Extension Uniformity Act (73 P.S. § 2270.1 et seq.) was not read in this pass. Federal Reg F (12 CFR 1006.26(b)) applies to FDCPA debt collectors.

• open account: 42 Pa.C.S. § 5525(a)(3), (4), (8)
• written contract: 42 Pa.C.S. § 5525(a)(8); § 5529(b)(1) (20 yrs, instruments under seal)
• oral contract: 42 Pa.C.S. § 5525(a)(3)
• promissory note: 13 Pa.C.S. § 3118(a) (6 yrs, negotiable note) vs. 42 Pa.C.S. § 5525(a)(7) (4 yrs, 'negotiable or nonnegotiable bond, note or other similar instrument in writing')
• judgment: 42 Pa.C.S. § 5529(a); § 5526(1); § 5525(a)(5)
• other: 42 Pa.C.S. § 5527(b) (6-yr catch-all); 37 Pa. Code ch. 303 (reserved)

Sources: palegis.us · palegis.us · palegis.us