---
title: "Decide whether a debt claim is in time and in a court that can hear it"
url: "https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/decide-whether-the-claim-is-in-time-and-in-the-right-court/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A46-R20260922-2-US"
practice_area: "Debt Recovery & Civil Enforcement"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Decide whether a debt claim is in time and in a court that can hear it

> Build a date table from the documents the lawyer marks: accrual dates, payment dates, written acknowledgements, and the parties' citizenship and the amount claimed exclusive of interest and costs.…

Canonical page: https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/decide-whether-the-claim-is-in-time-and-in-the-right-court/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Debt Recovery & Civil Enforcement](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Build a date table from the documents the lawyer marks: accrual dates, payment dates, written acknowledgements, and the parties' citizenship and the amount claimed exclusive of interest and costs. Do not pick a limitation period or a court. |
| What the lawyer must review | You decide limitation and forum. For a consumer debt collected by a debt collector, 12 CFR § 1006.26(b) forbids suit or a threat of suit once the applicable statute of limitations has expired. That period is state law. Diversity jurisdiction under 28 U.S.C. § 1332(a) exists only when the matter in controversy exceeds $75,000, exclusive of interest and costs, and the citizenship test is met, including citizens of different states. Most contract debts are filed in state court. Do not import an Australian limitation period. |
| Written for | United States |
| Applies to | [Decide whether the claim is in time and in the right court](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/decide-whether-the-claim-is-in-time-and-in-the-right-court.md) |

## Checking plan

- What the AI does: Build a date table from the documents the lawyer marks: accrual dates, payment dates, written acknowledgements, and the parties' citizenship and the amount claimed exclusive of interest and costs. Do not pick a limitation period or a court.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 1332(a)(2) has a permanent-resident exception. Read it before treating a foreign party as diverse.
- Federal-question jurisdiction is a different statute. This check opened § 1332 only.

## Sources

- [12 CFR § 1006.26 (Regulation F: collection of time-barred debts)](https://www.ecfr.gov/current/title-12/chapter-X/part-1006/subpart-B/section-1006.26) (checked 2026-10-22)
- [28 U.S.C. § 1332 (diversity of citizenship)](https://www.law.cornell.edu/uscode/text/28/1332) (checked 2026-10-22)
- [15 U.S.C. § 1692a (FDCPA definitions)](https://www.law.cornell.edu/uscode/text/15/1692a) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [General procedure claim (WA Magistrates Court civil Form 3): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-wa-mc-general-claim.md) | Form | Yellow | Link to Magistrates Court of Western Australia civil Form 3, the general procedure claim, on the Court's forms page. Other documents on that page are also called Form 3.… |
| [Claim for recovery of possession of real property (Magistrates Court of Western Australia Form 5): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-wa-mc-possession.md) | Form | Yellow | Link to Magistrates Court of Western Australia civil Form 5, Claim for recovery of possession of real property. Other Form 5 documents on the same forms index are not this claim.… |
| [General procedure claim, consumer or trader (Magistrates Court of Western Australia Form 7): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-wa-mc-consumer-claim.md) | Form | Yellow | Link to Magistrates Court of Western Australia Form 7, General Procedure Claim (Consumer/Trader). Other Form 7 documents on the forms index are not this claim. The file was not opened. |
| [Minor case claim (WA Magistrates Court civil Form 4): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-wa-mc-minor-claim.md) | Form | Yellow | Link to Magistrates Court of Western Australia civil Form 4, the minor case claim. Other Form 4 documents on the Court's forms page are a fee-remission application and a criminal summons. |
| [Statement of general procedure claim (WA Magistrates Court civil Form 19): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-wa-mc-statement.md) | Form | Yellow | Link to Magistrates Court of Western Australia civil Form 19, the statement of general procedure claim. The Court's file name includes post 1 June 2020.… |
| [Civil claim (Magistrates Court of Tasmania Form 1): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-tas-mc-claim.md) | Form | Yellow | Link to Magistrates Court of Tasmania civil Form 1, the claim. The same forms list uses Form 1 for child protection and fair work claims. Use the civil claim. |
| [Originating application intended to be served (Magistrates Court of Tasmania Form 37): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-tas-mc-originating.md) | Form | Yellow | Link to Magistrates Court of Tasmania civil Form 37, Originating Application Intended to be Served. Civil Form 1 is the claim and already has a guide.… |
| [Statement of claim (NT Local Court Form 7A): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-nt-lc-statement.md) | Form | Yellow | Link to Local Court of the Northern Territory Form 7A statement of claim, publication number 07A, dated 22 February 2018. The file name also refers to Form 8A and Form 19A.… |
| [Civil dispute application (ACAT): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-acat-civil-dispute.md) | Form | Yellow | Link to the ACAT printable civil dispute application and the online civil dispute form. The PDF file name includes AF-2021-28.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*