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State credit and debt laws

Kansas credit and debt laws

Reviewed · 5 sources

Short answer

In Kansas, the statute of limitations on written contracts is 5 years. That clock limits lawsuits, not credit reporting: under federal law, most negative items leave your credit report after 7 years no matter which state you live in.

Kansas statute of limitations on debt

Type of debtTime limitLaw
Written contracts5 yearsK.S.A. 60-511(1)
Oral contracts3 yearsK.S.A. 60-512(1)
  • Written contracts. Covers an action on any agreement, contract or promise in writing.
  • Oral contracts. Covers contracts, obligations or liabilities, express or implied, that are not in writing.

Time limits to sue vs. time on your credit report

The Kansas deadlines above control how long a creditor or collector can win a lawsuit. They don't change how long an account stays on your credit report. The federal Fair Credit Reporting Act limits most negative items to 7 years in every state, counted from the date of first delinquency, and a payment doesn't restart that reporting clock. See how long negative items stay for both clocks side by side.

Can a payment restart the clock?

Yes. In any case founded on a contract, a payment of any part of the principal or interest starts the full period over from the date of the payment. An acknowledgment of the debt or a promise to pay does the same, but only if it is in writing and signed by you (K.S.A. 60-520(a)).

Does Kansas limit lawsuits on old debt?

Kansas law adds no rule of its own on suing over old debt. The federal Regulation F ban on suing or threatening to sue over time-barred debt applies.

Medical debt on credit reports in Kansas

Kansas has no law of its own limiting medical debt on credit reports, so the national rules decide what shows. The three bureaus leave off paid medical collections and any under $500, and an unpaid one can't appear until it is a year old.

Compare every state in medical debt laws by state.

Marriage and debt

Kansas is not a community property state. Each spouse keeps a separate credit report, and a debt generally belongs to the people who signed for it.

Can employers check your credit?

Kansas has no statewide law limiting employer credit checks. Federal FCRA consent and adverse action rules apply.

Where to complain about a debt collector

In Kansas, complaints about debt collectors and credit reporting can go to Kansas Attorney General, Consumer Protection Division, as well as to the Consumer Financial Protection Bureau.

More to know in Kansas

Kansas spells out its revival rule in one statute, K.S.A. 60-520. A payment of any amount toward principal or interest on a contract debt gives the creditor a fresh 5 years on a written contract or 3 years on an oral one, counted from the payment. A spoken promise does not do that, because an acknowledgment or promise has to be in writing and signed. The same law protects co-borrowers. When two or more people owe a debt jointly and neither is the other's agent, one person's payment, promise or acknowledgment does not restart the clock for the other unless the other knew and agreed or later ratified it. That can matter when two people signed for the same old account and only one of them pays. Kansas is not a community property state and has no state medical debt credit reporting law or employer credit check law, so federal rules govern those areas.

Guides that go deeper

Sources

  1. K.S.A. 60-511: Limitation of actions, five years, Kansas Office of Revisor of Statutes
  2. K.S.A. 60-512: Limitation of actions, three years, Kansas Office of Revisor of Statutes
  3. K.S.A. 60-520: Part payment or acknowledgment of liability, Kansas Office of Revisor of Statutes
  4. The latest on keeping medical debt out of credit reports, National Consumer Law Center
  5. Publication 555: Community Property, Internal Revenue Service

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