Statute of Limitations on Debt by State
How long creditors can sue for unpaid debt in each state
Key Numbers
Range
3–10 Years
Most States
4–6 Years
Clock Starts
Last Payment Date
Partial Payment
Can Restart Clock
The statute of limitations (SOL) on debt is a state law that limits how long creditors and debt collectors have to sue you for unpaid debt. Once this period expires, the debt becomes “time-barred”—collectors can still contact you, but they cannot take you to court. Time limits range from 3 to 10 years for most consumer debt, depending on your state and debt type. In most states, the clock starts on the date of your last payment or the date of first default.
After SOL Expires, Collectors Cannot
Sue you in court, obtain a judgment against you, garnish your wages for this debt, or seize your property for this debt.
Collectors Can Still
Contact you about the debt, send letters and make calls, report to credit bureaus (up to 7 years from first delinquency), and ask you to pay voluntarily.
| Debt Type | Examples | Notes |
|---|---|---|
| Open-Ended | Credit cards, lines of credit | Most common consumer debt type |
| Written Contract | Auto loans, personal loans, mortgages | Signed agreement with specific terms |
| Promissory Note | Student loans, personal IOUs | Written promise to pay set amount by set date |
| Oral Contract | Verbal agreements | Rare, hard to prove; shortest SOL in most states |
SOL ≠ credit report: The statute of limitations and credit reporting are separate timelines. Negative items stay on your credit report for 7 years from first delinquency, regardless of your state's SOL. A debt can be time-barred yet still on your credit report, or vice versa.
State-by-State Chart
The Credit Cards column shows open-ended account SOL—the most relevant category for most consumers. Courts sometimes interpret categories differently; consult an attorney in your state when in doubt.
| State | Written | Oral | Prom. Note | Credit Cards* |
|---|---|---|---|---|
| Alabama | 6 yrs | 6 yrs | 6 yrs | 3 yrs |
| Alaska | 6 yrs | 6 yrs | 3 yrs | 3 yrs |
| Arizona | 6 yrs | 3 yrs | 6 yrs | 6 yrs |
| Arkansas | 5 yrs | 3 yrs | 5 yrs | 5 yrs |
| California | 4 yrs | 2 yrs | 4 yrs | 4 yrs |
| Colorado | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Connecticut | 6 yrs | 3 yrs | 6 yrs | 6 yrs |
| Delaware | 3 yrs | 3 yrs | 3 yrs | 4 yrs |
| D.C. | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| Florida | 5 yrs | 4 yrs | 5 yrs | 5 yrs |
| Georgia | 6 yrs | 4 yrs | 6 yrs | 6 yrs |
| Hawaii | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Idaho | 5 yrs | 4 yrs | 5 yrs | 4 yrs |
| Illinois | 10 yrs | 5 yrs | 10 yrs | 5 yrs |
| Indiana | 10 yrs | 5 yrs | 10 yrs | 6 yrs |
| Iowa | 10 yrs | 5 yrs | 10 yrs | 5 yrs |
| Kansas | 5 yrs | 3 yrs | 5 yrs | 3 yrs |
| Kentucky | 10 yrs | 5 yrs | 15 yrs | 10 yrs |
| Louisiana | 10 yrs | 10 yrs | 10 yrs | 3 yrs |
| Maine | 6 yrs | 6 yrs | 20 yrs | 6 yrs |
| Maryland | 3 yrs | 3 yrs | 6 yrs | 3 yrs |
| Massachusetts | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Michigan | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Minnesota | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Mississippi | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| Missouri | 10 yrs | 5 yrs | 10 yrs | 5 yrs |
| Montana | 8 yrs | 5 yrs | 8 yrs | 5 yrs |
| Nebraska | 5 yrs | 4 yrs | 5 yrs | 4 yrs |
| Nevada | 6 yrs | 4 yrs | 3 yrs | 4 yrs |
| New Hampshire | 3 yrs | 3 yrs | 6 yrs | 3 yrs |
| New Jersey | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| New Mexico | 6 yrs | 4 yrs | 6 yrs | 4 yrs |
| New York | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| North Carolina | 3 yrs | 3 yrs | 5 yrs | 3 yrs |
| North Dakota | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Ohio | 6 yrs | 4 yrs | 8 yrs | 6 yrs |
| Oklahoma | 5 yrs | 3 yrs | 6 yrs | 5 yrs |
| Oregon | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Pennsylvania | 4 yrs | 4 yrs | 4 yrs | 4 yrs |
| Rhode Island | 4 yrs | 10 yrs | 10 yrs | 10 yrs |
| South Carolina | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| South Dakota | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Tennessee | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Texas | 4 yrs | 4 yrs | 4 yrs | 4 yrs |
| Utah | 6 yrs | 4 yrs | 6 yrs | 4 yrs |
| Vermont | 6 yrs | 6 yrs | 14 yrs | 6 yrs |
| Virginia | 5 yrs | 3 yrs | 6 yrs | 3 yrs |
| Washington | 6 yrs | 3 yrs | 6 yrs | 6 yrs |
| West Virginia | 10 yrs | 5 yrs | 6 yrs | 5 yrs |
| Wisconsin | 6 yrs | 6 yrs | 10 yrs | 6 yrs |
| Wyoming | 10 yrs | 8 yrs | 10 yrs | 8 yrs |
* Credit Cards column shows open-ended accounts SOL. Laws change—verify current statutes with your state attorney general or a consumer attorney before relying on this data. New York reduced its consumer credit SOL from 6 to 3 years effective April 2022 via the Consumer Credit Fairness Act.
Which state's law applies? Check your credit card agreement for a “choice of law” or “governing law” clause—the issuer's state may apply instead of yours. The FDCPA requires collectors to sue where you signed the contract or where you currently live, but which SOL applies can be complex.
Key Rules & Gotchas
Understanding what can and cannot restart the SOL clock is critical. An accidental payment or acknowledgment can reset the entire limitation period to day zero in many states.
| Action | Restarts Clock? |
|---|---|
| Making any payment (even $1) | Yes* |
| Signing a payment agreement or written acknowledgment | Yes* |
| Agreeing to a payment plan | Yes* |
| Verbal acknowledgment (“Yes, I owe this”) | In some states |
| Using the account again (new activity) | Yes* |
| Debt sold to a new collection agency | No |
| Receiving calls or letters from collectors | No |
| Collector threatening to sue | No |
| Debt reported to credit bureaus | No |
| Talking to a collector (without acknowledging debt) | No |
| Requesting debt validation | No |
* In most states. Texas (since 2019) does not allow SOL to be restarted by payments or acknowledgments for debt buyers. New York's CCFA (2022) prevents revival of expired SOL even with payment or acknowledgment.
Court Judgments & Federal Debts
If a creditor sues and wins a judgment against you, the original debt SOL no longer matters. Judgments are enforceable for 10–20 years in most states and are often renewable indefinitely. With a judgment, creditors can garnish wages, levy bank accounts, and place liens on property. This is why responding to a lawsuit matters—even on time-barred debt, failing to appear can result in a default judgment.
Federal debts have no SOL: Federal student loans and federal tax debts have no statute of limitations—the government can collect indefinitely. Private student loans follow state SOL rules.
Your Rights & Options
The Fair Debt Collection Practices Act (FDCPA) and state laws provide important protections when dealing with old debts and debt collectors. Violations can result in up to $1,000 in statutory damages per lawsuit.
| Your FDCPA Right | Details |
|---|---|
| No lawsuits on time-barred debt | Collectors cannot sue or threaten to sue once SOL expires |
| Debt validation | Request written verification within 30 days of first contact |
| Cease communication | Send a cease-and-desist letter (via certified mail) to stop contact |
| No harassment | Collectors cannot harass, threaten, or misrepresent facts |
| Sue for violations | Up to $1,000 statutory damages plus actual damages and attorney fees |
| File complaints | Report violations to CFPB, FTC, or your state attorney general |
If You're Sued on Old Debt
| Step | Action | Why It Matters |
|---|---|---|
| 1 | Don't ignore it | Failure to respond results in a default judgment even on time-barred debt |
| 2 | Gather evidence | Bank statements, credit reports, or old statements proving your last payment date |
| 3 | Raise the SOL defense | The SOL is an affirmative defense—the court will not raise it for you |
| 4 | Consider an attorney | Many consumer attorneys offer free consultations; you may have a counter-claim |
Options for Time-Barred Debt
| Option | What Happens | Watch Out For |
|---|---|---|
| Do nothing | You still owe the debt, but collectors cannot sue; falls off credit report after 7 years | You may continue receiving collection calls (send a cease letter to stop) |
| Negotiate a settlement | Settle for a fraction of the balance; get terms in writing before paying | May restart SOL in some states; forgiven debt over $600 may be taxable |
| Pay in full | Clears the debt; obtain a “paid in full” letter and keep records | May restart SOL; consider whether the credit benefit justifies the cost |
Cease communication: Under the FDCPA, you can send a written cease-and-desist letter via certified mail to stop a collector from contacting you. Include your name, the account number, and a clear request to cease all communication. State that the letter is not an acknowledgment of the debt.
Sources
- 1.Consumer Financial Protection Bureau — Can Debt Collectors Collect a Debt That’s Several Years Old?
- 2.Federal Trade Commission — Debt Collection FAQ
- 3.InCharge Debt Solutions — Statute of Limitations on Debt Collection by State
- 4.CreditCards.com — State Statutes of Limitation for Credit Card Debt
- 5.Bankrate — What Is the Statute of Limitations on Debt?
- 6.NY Attorney General — Consumer Credit Fairness Act (2022)
- 7.National Consumer Law Center (NCLC) — Fair Debt Collection
This content is for educational and informational purposes only and does not constitute financial, tax, or legal advice. Consult a qualified professional for guidance tailored to your situation.