State-by-State Statute of Limitations on Debt
Many people think old debts simply disappear. In reality, debt collectors may still contact you—even if they cannot sue you. Knowing your state’s statute of limitations on debt helps you protect your rights and avoid costly mistakes.
This guide explains what the statute of limitations is and how it works. You will also find a clear chart of limitations by state and type of debt. Plus, you will learn about common traps that can restart the clock and what to do if a collector contacts you about an old debt.
What Is the Statute of Limitations on Debt?
The statute of limitations on debt is a state law that limits how long a creditor or debt collector can sue you to collect on a debt. Once this time limit runs out, the debt becomes “time-barred,” meaning the creditor cannot take legal action to force payment.
However, time-barred debt does not disappear. You may still receive calls or letters from debt collectors. Also, the statute of limitations does not control how long a debt remains on your credit report. That is governed by the Fair Credit Reporting Act, which generally limits negative marks to seven years.
It is important to know the difference between these two timelines. A debt may stop affecting your credit report long before the legal window to sue expires—or vice versa.
Why the Statute of Limitations Matters
The statute of limitations can help you avoid legal action over old debts. But you must know your rights to avoid making mistakes that could bring the debt back to life.
- Preventing legal action for old debts: If a debt is time-barred, a creditor cannot sue you to collect it. If they do, you can raise this as a defense in court.
- Avoiding unintentional restart of the clock: If you make a payment, acknowledge the debt in writing, or agree to a new payment plan, you may reset the statute of limitations—giving the creditor a new window to sue.
- Defending yourself if sued on time-barred debt: Even if a debt is too old for a lawsuit, some debt collectors may try anyway. You must respond and assert the statute of limitations as a defense.
- Understanding the risk of “zombie” debt collection: Debt buyers often purchase old, time-barred debts and attempt to collect. They may hope you do not know your rights or that you will unknowingly reset the clock.
Factors That Affect the Statute of Limitations
Many factors determine when the statute of limitations runs out on a debt. Here are some of the most important ones.
- State law governs the time limit: Each state sets its own statutes of limitations for different types of debt. The timeline can range from three to ten years or more, depending on where you live.
- Type of debt matters: The statute of limitations often varies based on the type of agreement behind the debt:
- Written contracts: This includes most personal loans and installment loans where terms are clearly spelled out in a signed document.
- Promissory notes: This applies to formal promises to pay a debt, such as a mortgage or some student loans.
- Open-ended accounts: This includes credit cards and other revolving credit lines with no fixed term.
- Oral agreements: This covers informal debts where no written contract exists.
- Events that can pause or reset the statute of limitations: Some actions can either pause or restart the clock on your debt. These include partial payments, written acknowledgments of the debt, or agreeing to a new repayment plan. This is why it is so important to know your state’s rules and to act carefully when contacted about old debt.
State-By-State Statute of Limitations on Debt
Below is a breakdown of statutes of limitations on debt collection lawsuits in all 50 states and Washington, D.C., by debt type. Always consult state law or an attorney for the latest updates.
| State | Credit Card Debt (Open Account) | Personal Loan / Written Contract | Promissory Note | Oral Agreement |
|---|---|---|---|---|
| Alabama | 3 years | 6 years | 6 years | 6 years |
| Alaska | 3 years | 3 years | 3 years | 3 years |
| Arizona | 6 years | 6 years | 6 years | 3 years |
| Arkansas | 3 years | 5 years | 6 years | 3 years |
| California | 4 years | 4 years | 4 years | 2 years |
| Colorado | 6 years | 6 years | 6 years | 6 years |
| Connecticut | 6 years | 6 years | 6 years | 3 years |
| Delaware | 3 years | 3 years | 3 years | 3 years |
| District of Columbia | 3 years | 3 years | 3 years | 3 years |
| Florida | 4 years | 5 years | 5 years | 4 years |
| Georgia | 6 years | 6 years | 6 years | 4 years |
| Hawaii | 6 years | 6 years | 6 years | 6 years |
| Idaho | 5 years | 5 years | 5 years | 4 years |
| Illinois | 5 years | 10 years | 10 years | 5 years |
| Indiana | 6 years | 6 years | 10 years | 6 years |
| Iowa | 5 years | 10 years | 10 years | 5 years |
| Kansas | 3 years | 5 years | 5 years | 3 years |
| Kentucky | 5 years | 15 years | 15 years | 5 years |
| Louisiana | 3 years | 10 years | 10 years | 10 years |
| Maine | 6 years | 6 years | 6 years | 6 years |
| Maryland | 3 years | 3 years | 6 years | 3 years |
| Massachusetts | 6 years | 6 years | 6 years | 6 years |
| Michigan | 6 years | 6 years | 6 years | 6 years |
| Minnesota | 6 years | 6 years | 6 years | 6 years |
| Mississippi | 3 years | 3 years | 3 years | 3 years |
| Missouri | 5 years | 10 years | 10 years | 5 years |
| Montana | 5 years | 8 years | 8 years | 5 years |
| Nebraska | 4 years | 5 years | 5 years | 4 years |
| Nevada | 4 years | 6 years | 3 years | 4 years |
| New Hampshire | 3 years | 3 years | 6 years | 3 years |
| New Jersey | 6 years | 6 years | 6 years | 6 years |
| New Mexico | 4 years | 6 years | 6 years | 4 years |
| New York | 6 years | 6 years | 6 years | 6 years |
| North Carolina | 3 years | 3 years | 5 years | 3 years |
| North Dakota | 6 years | 6 years | 6 years | 6 years |
| Ohio | 6 years | 8 years | 15 years | 6 years |
| Oklahoma | 5 years | 5 years | 5 years | 3 years |
| Oregon | 6 years | 6 years | 6 years | 6 years |
| Pennsylvania | 4 years | 4 years | 4 years | 4 years |
| Rhode Island | 10 years | 10 years | 10 years | 10 years |
| South Carolina | 3 years | 3 years | 3 years | 3 years |
| South Dakota | 6 years | 6 years | 6 years | 6 years |
| Tennessee | 6 years | 6 years | 6 years | 6 years |
| Texas | 4 years | 4 years | 4 years | 4 years |
| Utah | 4 years | 6 years | 6 years | 4 years |
| Vermont | 6 years | 6 years | 5 years | 6 years |
| Virginia | 3 years | 5 years | 6 years | 3 years |
| Washington | 6 years | 6 years | 6 years | 3 years |
| West Virginia | 5 years | 10 years | 10 years | 5 years |
| Wisconsin | 6 years | 6 years | 10 years | 6 years |
| Wyoming | 8 years | 10 years | 10 years | 8 years |
Note: Statutes of limitations may change over time or be subject to court rulings. Always consult a qualified attorney for advice on your specific situation.
How to Know if Your Debt Is Time-Barred
If you are unsure whether your debt is time-barred, follow these steps to find out.
- Check the age of your debt: Review your records to determine when the debt first became delinquent. The clock generally starts from the date of your last payment or the date the debt went into default.
- Find out when the last payment was made: Your credit report may show when your last payment occurred. You can also request account statements from the original creditor to confirm this date.
- Know why debt collectors may not tell you it is time-barred: Debt collectors are not required to volunteer this information unless state law mandates it. In many cases, they may contact you about debts that are no longer legally collectible through a lawsuit. This is why it is essential to know your rights and do your own research.
What to Do if a Collector Contacts You About Old Debt
If a collector contacts you about an old debt, proceed carefully.
- Do not pay or acknowledge without understanding your rights: Any payment or acknowledgment of the debt could reset the statute of limitations. Do not agree to anything until you know whether the debt is time-barred.
- Request written validation of the debt: Under the Fair Debt Collection Practices Act, you have the right to request written validation of the debt. This forces the collector to provide proof that you owe the debt and details about it.
- Check whether the statute of limitations has expired: Once you receive validation, review the information and determine whether the statute of limitations in your state has passed.
- If time-barred, send a cease contact letter: If you confirm the debt is time-barred, you can send a written letter requesting that the collector stop contacting you. Here is a link to a sample cease contact letter you can use.
- If sued, respond—do not ignore—even if you believe it is time-barred: If a collector sues you, always respond to the lawsuit. You must appear in court and raise the expired statute of limitations as a defense. Ignoring the lawsuit could result in a default judgment against you.
Common Mistakes That Can Restart the Clock
Some actions can reset the statute of limitations, giving a collector a new window to sue you. Avoid these common mistakes.
- Making a small payment: Even a token payment may restart the clock and make the debt collectible again.
- Promising to pay in writing: Any written acknowledgment of the debt or promise to pay could reset the statute of limitations.
- Agreeing to a payment plan: Entering into a new payment agreement with a collector could restart the clock.
- Not understanding your rights: Many consumers unknowingly reset the clock because they are not aware of how the statute of limitations works. Take time to educate yourself before responding to a collection attempt.
When Debt Can Still Impact You (Even if Time-Barred)
Even if a debt is time-barred, it can still affect your finances in several ways.
- Credit reporting timeline vs. statute of limitations: The timeline for reporting debt to credit bureaus is separate from the statute of limitations on lawsuits. Most negative information remains on your credit report for up to seven years. A debt may fall off your credit report but still be within the window for legal action, or vice versa.
- How time-barred debt may affect mortgage or credit card applications: Lenders may ask about outstanding debts during the application process. Even if the debt is time-barred, it could raise concerns and affect your ability to qualify for new credit.
- Debt buyers and “zombie” debt tactics: Debt buyers often purchase old, time-barred debts for pennies on the dollar and aggressively attempt to collect. They rely on consumers not knowing their rights or accidentally restarting the statute of limitations.
Conclusion
Knowing your state’s statute of limitations on debt can save you from legal trouble and financial stress. Time-barred debt may still trigger collection attempts, but you are not required to pay in many cases—and debt collectors cannot sue you once the clock runs out.
Before taking any action on an old debt, check the rules that apply in your state. By doing so, you can protect your rights and avoid making a costly mistake.
Frequently Asked Questions
Can a debt collector call me about a debt that is past the statute of limitations?
Yes, debt collectors can still contact you about time-barred debt unless you request in writing that they stop. The statute of limitations only prevents a collector from suing you. It does not stop them from asking you to pay. If you want to end the calls, send a written cease contact letter.
Does the statute of limitations apply to federal student loans?
No, federal student loans are not subject to a typical statute of limitations for collection. The federal government can collect on these loans indefinitely through methods like wage garnishment and tax refund offsets. Private student loans do have a statute of limitations, which varies by state.
What happens if I move to a different state? Which statute of limitations applies?
Usually, the statute of limitations from the state where the contract was created or where you lived at the time of default will apply. However, some debt collectors may argue that the statute of limitations in your current state should apply if it is longer. These issues can get complex, so consult an attorney if this applies to you.
Can I be arrested for not paying a time-barred debt?
No, you cannot be arrested for failing to pay a debt, whether it is time-barred or not. However, if you ignore a court summons or fail to appear in court, you could face legal consequences related to the court process—not the debt itself.
If I settle a time-barred debt, will it affect my credit report?
If the debt is still on your credit report, settling it could change how it is reported (for example, from “unpaid” to “settled”). However, if the debt has already aged off your credit report, settling it will not cause it to reappear. Be sure to clarify the reporting status before agreeing to pay.
