Statute of Limitations by State
Know when debt collectors can no longer sue you
The statute of limitations is the time period during which a creditor or debt collector can legally sue you for an unpaid debt. Once this period expires, the debt becomes "time-barred" and cannot be enforced through the courts.
⚠️ Important
An expired statute of limitations means collectors cannot sue you, but it does NOT mean:
- The debt disappears or is forgiven
- Collectors must stop contacting you
- The debt cannot affect your credit report (separate 7-year rule applies)
Types of Debt & Statute Periods
Different types of debts have different statute of limitations periods:
Written Contracts
Credit cards, personal loans, auto loans with signed agreements
Oral Contracts
Verbal agreements, handshake deals
Promissory Notes
Formal written promises to pay, some loans
Open Accounts
Credit cards, revolving credit lines
Statute of Limitations by State
Time limits in years for written contracts (most common debt type):
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
How the Statute of Limitations Works
Clock Starts
The statute begins on the date of your last payment or the date of your last activity on the account (whichever is later).
Time Passes
Years pass without payment or acknowledgment of the debt. The clock continues running.
Statute Expires
Once the period ends, the debt is "time-barred." Collectors cannot successfully sue you.
⚠️ Actions That Can Restart the Clock
Be careful! These actions can reset the statute of limitations:
Making a Payment
Any payment, even a small one, typically restarts the entire statute period.
Acknowledging the Debt in Writing
Signing anything that acknowledges you owe the debt restarts the clock.
Entering a Payment Plan
Agreeing to a payment arrangement restarts the statute in most states.
Promising to Pay
In some states, an oral promise to pay can restart the statute.
Does NOT Restart:
- Requesting debt validation
- Disputing the debt
- Asking for documentation
- Being contacted by collectors
If You're Sued on a Time-Barred Debt
DO NOT Ignore It
You MUST respond to the lawsuit. Ignoring it means automatic default judgment against you.
Raise Statute as Defense
File an answer stating the statute of limitations has expired. This is an "affirmative defense."
Provide Evidence
Show when the last payment or activity occurred and prove the statute has expired.
Consider Legal Help
Consult with a consumer law attorney. Many offer free consultations.
⚠️ Critical Warning
If you're sued, making a payment or acknowledging the debt as part of a settlement can revive their right to sue. Get legal advice before responding.
Determining Your Statute of Limitations
1. Identify the Debt Type
Is it a credit card (written contract), medical bill (open account), or personal loan?
2. Find the Date of Last Activity
Check your records for the last payment or charge on the account.
3. Determine Which State's Law Applies
Usually the state where you lived when you incurred the debt or signed the contract.
4. Check the Contract
Some contracts specify which state's laws govern the agreement.
5. Calculate the Time
Count from the date of last activity to today. Has it exceeded your state's limit?
Common Collector Tactics with Old Debts
🎯 "You still owe this"
True, but... While you may still owe the debt morally, they cannot sue you if the statute has expired.
🎯 "Just make a small payment"
Trap! This restarts the statute and makes the debt legally enforceable again.
🎯 "We'll report this to credit bureaus"
Check the date. They cannot report debts older than 7 years from the date of first delinquency.
🎯 "Sign here to settle"
Be careful! Signing can restart the statute. Review everything before signing.
🎯 "We can still sue you"
Technically yes, but... You have a complete defense if the statute has expired.
Frequently Asked Questions
Q: Does the statute of limitations remove the debt from my credit report?
A: No. Credit reporting has its own timeline (7 years from first delinquency). This is separate from the statute of limitations for lawsuits.
Q: Can collectors still contact me about time-barred debt?
A: Yes, they can continue collection efforts. However, they must tell you the debt is too old to sue over in some states.
Q: What if I moved to a different state?
A: Generally, the statute from the state where you incurred the debt applies. Some states use the shorter of the two statutes.
Q: Can the statute of limitations be longer than 7 years?
A: In some states, yes. Check your specific state's laws for your type of debt.
Q: Should I pay time-barred debt?
A: This is a personal decision. You're no longer legally obligated, but you might choose to pay for moral or ethical reasons. Get legal advice first.
Know Your Rights & Time Limits
Understanding the statute of limitations protects you from invalid lawsuits and pressure tactics on old debts.