Overdue stamp

A Consumer member got in touch after receiving an invoice from his solicitor - for work done in 2003! John wanted to know whether he still had to pay.

Maybe not - the Limitations Act prevents someone from bringing legal action against you for debts incurred six or more years ago. A long delay between performing a service and presenting an invoice may be unfair - you may not recall the debt or no longer have a record of what the "claimed " work was for.

If the debt is still owed by you, the Limitations Act doesn't cancel the debt. It just means the debt can't be pursued through the courts, unless you admit in writing that you owe money (or start paying it back). Then the right to take court action will be reinstated and the six-year limitation period starts to run again from this date of acknowledgment.

Someone can still try and collect a debt older than six years from you through a debt-collection agency - and if you refuse to pay, this information can be put on your credit file and affect your credit rating.

If you're adamant you don't owe money, you can challenge the debt and have it removed from the agency's records if they can't prove it's correct.

Member Comments


Got a question or comment on this topic? Share your views and experiences with other Consumer members...

To add a comment you need to be a member of consumer.org.nz. Login or Join.

Join Consumer now and make your decisions easy on a huge range of products and services

  • Over 500 reports, plus interactive tools and calculators
  • Independent advice from NZ's trusted source of information
  • Join over 65,000 members who help us get all NZers a fairer deal

from just $28

Join now
Read what our members say