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State credit and debt laws

Montana credit and debt laws

Reviewed · 7 sources

Short answer

In Montana, the statute of limitations on written contracts is 6 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.

Montana statute of limitations on debt

Type of debtTime limitLaw
Written contracts6 yearsMont. Code Ann. 27-2-202(1)
Oral contracts5 yearsMont. Code Ann. 27-2-202(2)
Accounts not founded on a writing5 yearsMont. Code Ann. 27-2-202(2)
  • Accounts not founded on a writing. The five-year rule names a contract, account or promise not founded on an instrument in writing.

Time limits to sue vs. time on your credit report

The Montana 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?

An acknowledgment or a part payment, meaning any payment of principal or interest, starts the limitations period running anew. An acknowledgment counts only if it is in a writing signed by you (Mont. Code Ann. 27-2-409).

Does Montana limit lawsuits on old debt?

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

Medical debt on credit reports in Montana

Montana 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

Montana 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?

Montana has no statewide law limiting employer credit checks. The federal Fair Credit Reporting Act still requires your written permission before an employer pulls your report.

Where to complain about a debt collector

In Montana, complaints about debt collectors and credit reporting can go to Montana Department of Justice, Office of Consumer Protection, as well as to the Consumer Financial Protection Bureau.

More to know in Montana

Montana gives six years to sue on a contract founded on a written instrument and five years on a contract, account or promise that isn't (Mont. Code Ann. 27-2-202). Other obligations not founded on a writing have three years under the same section. The revival rule reaches payments as well as signed letters. Under 27-2-409, any part payment of principal or interest starts the full period running again, and so does a signed written acknowledgment of the debt. That means a small payment on an old account can give a creditor a fresh five or six years to sue. The Office of Consumer Protection in the Department of Justice takes consumer complaints online. Montana has no law keeping medical debt off credit reports. It is not a community property state, and it has no statewide law limiting employer credit checks.

Guides that go deeper

Sources

  1. The Latest: Keeping Medical Debt Out of Credit Reports, National Consumer Law Center
  2. Medical Debt Can Still Hit Your Credit Report in 35 States, MoneyGeek
  3. Publication 555, Community Property, Internal Revenue Service
  4. A Guide to the States that Ban Credit Checks for Employment, backgroundchecks.com
  5. Montana Code Annotated 27-2-202: Actions based on contract or other obligation, Montana Legislature
  6. Montana Code Annotated 27-2-409: Acknowledgment of debt or part payment, Montana Legislature
  7. Office of Consumer Protection, Montana Department of Justice

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