What is the statute of limitations on debt?
A legal time frame — often 3 to 10 years — when creditors can sue debtors to collect unpaid balances
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If you’re trying to wait out a debt, make sure you understand what the statute of limitations entails, how it varies by state and what happens when it expires. We'll also discuss how it affects your credit report and what actions you can take if you're contacted about an old debt.
The statute of limitations on debt varies by state and type of debt.
Jump to insightOnce the statute of limitations expires, creditors cannot sue you for the debt.
Jump to insightExpired debts may still appear on your credit report, affecting your credit score.
Jump to insightUnderstanding the statute of limitations on debt
The statute of limitations on debt limits the time a creditor has to sue you in court for the debt balance you owe. The statute of limitations length depends on the debt you owe and where you live. Four main types of debt have a statute of limitations:
- Revolving debt: Credit cards or lines of credit that allow borrowing, repaying and borrowing again up to a set limit. Sometimes called “open-ended debt.”
- Written contracts: Legally binding agreements outlining the terms of a debt, often used for mortgages, car loans and personal loans.
- Promissory notes: A written promise to repay a specific amount by a set date, often used for loans between individuals or businesses.
- Oral agreements: Verbal contracts where one party agrees to repay a debt. They can be difficult to enforce legally.
In general, revolving accounts have a shorter statute of limitations, while the other three types of debt have statutes ranging from three to six years. It’s important to know your exact statute of limitations in your location and the type of debt you owe so you don’t accidentally end up in legal trouble.
Statutes of limitations on debt by state
Each state has its own statute of limitations for each type of debt.
| State | Revolving accounts | Oral agreements | Promissory notes | Written contracts |
|---|---|---|---|---|
| Alabama | 3 years | 6 years | 6 years | 6 years |
| Alaska | 3 years | 3 years | 3 years | 3 years |
| Arizona | 3 years | 3 years | 6 years | 6 years |
| Arkansas | 5 years | 3 years | 5 years | 5 years |
| California | 4 years | 2 years | 4 years | 4 years |
| Colorado | 3 years | 3 years | 3 years | 3 years |
| Connecticut | 3 years | 3 years | 6 years | 6 years |
| Delaware | 3 years | 3 years | 3 years | 3 years |
| Washington D.C. | 3 years | 3 years | 3 years | 3 years |
| Florida | 4 years | 5 years | 4 years | 5 years |
| Georgia | 4 years | 4 years | 4 years | 6 years |
| Hawaii | 6 years | 6 years | 6 years | 6 years |
| Idaho | 4 years | 4 years | 5 years | 5 years |
| Illinois | 5 years | 5 years | 10 years | 10 years |
| Indiana | 6 years | 6 years | 6 years | 6 years |
| Iowa | 5 years | 5 years | 10 years | 10 years |
| Kansas | 5 years | 3 years | 5 years | 5 years |
| Kentucky | 5 years | 5 years | 10 years | 15 years |
| Louisiana | 3 years | 10 years | 10 years | 10 years |
| Maine | 6 years | 6 years | 20 years | 6 years |
| Maryland | 3 years | 3 years | 3 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 | 6 years | 3 years | 10 years |
| Montana | 5 years | 5 years | 5 years | 8 years |
| Nebraska | 4 years | 4 years | 5 years | 5 years |
| Nevada | 4 years | 4 years | 3 years | 6 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 | 4 years | 4 years | 6 years |
| New York | 6 years | 6 years | 6 years | 6 years |
| North Carolina | 3 years | 3 years | 3 years | 3 years |
| North Dakota | 6 years | 6 years | 6 years | 6 years |
| Ohio | 6 years | 6 years | 6 years | 8 years |
| Oklahoma | 5 years | 3 years | 6 years | 5 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 | 4 years | 4 years | 6 years |
| Vermont | 6 years | 6 years | 14 years | 6 years |
| Virginia | 3 years | 3 years | 6 years | 5 years |
| Washington | 6 years | 3 years | 6 years | 6 years |
| West Virginia | 5 years | 5 years | 6 years | 10 years |
| Wisconsin | 6 years | 6 years | 10 years | 6 years |
| Wyoming | 6 years | 8 years | 10 years | 10 years |
What happens when the statute of limitations expires?
When you stop making payments on a debt and become delinquent, your creditor may send your debt to a debt collector. Debt collectors will attempt to contact you and get you to repay the debt balance owed (plus any fees).
If the statute of limitations has passed on your type of debt for the state you live in, your creditor or collections agency cannot sue you and win a court order to collect on the debts owed. This is known as a “time-barred” debt — and it prevents debt collectors or creditors from placing a lien on your property or garnishing your wages to pay back a debt.
But this does not mean your creditor cannot connect you and try to retrieve the debt after the statute has expired. A debt collector may still call you and try to get you to agree to pay back your debts. In fact, if you acknowledge that a debt is yours, it can reset the statute of limitations — allowing the debt collector to sue you in court.
Impact on credit reports and scores
Just because the statute of limitations has expired on one of your debts doesn’t mean you’re in the clear. Time-barred debts can still affect your credit score and may even stay on your credit profile for up to a decade. It can be a good idea to pay back a time-barred debt you owe to help clean up your credit and improve your score.
Debts that go into collections usually stay on your credit report for seven years. In some cases, they might affect your credit history for up to 10 years. This can severely hurt your credit score and prevent you from being able to borrow for things like a home mortgage or a car loan.
Even if your debt is now time-barred and your creditor can’t sue you for the money — it might be worth contacting them and setting up a payment plan to get your account back in good standing. This can take time, but paying off your old debts can help your score go up and open up financing opportunities in the future.
» RELATED: How to deal with delinquent credit cards
Actions to take if contacted about an old debt
If you are contacted about an old debt, maybe one you’d forgotten about, don’t immediately acknowledge that the debt might be yours. By stating a debt is your own, you could accidentally revive the debt and remove the statute of limitations protection.
Instead, ask for a debt validation letter proving the debt is yours. According to the Fair Debt Collection Practices Act, the debt collector must provide you with a debt validation notice in writing within five days of the request.
If you still don’t believe the debt is accurate or that you owe the debt at all, you can dispute the claim within 30 days of receiving the debt validation letter. Use this 609 dispute letter to (hopefully) remove it from your credit report. If you need help with the process, it can be a good idea to consider a debt management plan or work with a credit repair agency to assist you.
» RELATED: What is zombie debt?
FAQ
Is the statute of limitations the same for all types of debt?
No, there are different statutes of limitation on different types of debt, including revolving debt, oral agreements, promissory notes and written contracts. In general, the statute of limitations is around three to six years but can be up to 15 or even 20 years for certain types of debt in some states.
How can I find out the statute of limitations for my state?
To find out the statute of limitations for your specific state, you can contact your state attorney general's office (or local legal aid office) to confirm the statute for your type of debt.
What happens if I make a payment on a time-barred debt?
If you have a time-barred debt and begin making payments, it might reset the statute of limitations on the debt. This means debt collectors could sue you for the remaining balance and potentially garnish your wages or place a lien on personal property.
Are creditors allowed to sue me after the statute of limitations expires?
While the statute of limitations is designed to stop lawsuits from creditors on certain debts, your creditor may still attempt to sue you. You will then need to prove that the statute of limitations has expired on that debt to get the case dismissed.
Article Sources
ConsumerAffairs writers primarily rely on government data, industry experts and original research from reputable publications to inform their work. Specific sources for this article include:
- Consumer Financial Protection Bureau, “§ 1006.34 Notice for validation of debts.” Accessed Jan. 16, 2025.
- Consumer Financial Protection Bureau, “Sample letters to dispute information on a credit report.” Accessed Jan. 16, 2025.
- National Association of Attorneys General, “Find my AG.” Accessed Jan. 16, 2025.
- Federal Trade Commission, “Debt Collection FAQs.” Accessed Jan. 16, 2025.
