Statute of Limitations for Debt: State Guide & Defense

Statutes of limitations are state laws that limit how long debt collectors can sue you. After the deadline passes, collectors can still file lawsuits. However, you have a strong legal defense. These time limits vary dramatically by state and contract type.

Understanding the Statute of Limitations on Debt Collection

A statute is a written law. The statute of limitations restricts the time frame for filing a debt collection lawsuit. When this period expires, creditors lose their legal right to enforce repayment through court action.

Being Sued for Old Debt? Respond Today

Don't let collectors win by default. Use the statute of limitations as your defense and respond to your lawsuit before the deadline passes.

Respond to Lawsuit

These laws specify a time period and a starting event. Common trigger events include:

Your last payment date
Your first missed payment date
The date you last acknowledged owing the debt

Each state sets its own limitations. Different debt types often have different deadlines. Oral contracts typically have shorter periods than written ones. Credit card debt statutes usually range from three to ten years.

The Four Main Types of Debt Contracts

You need to identify your contract type to determine the applicable statute:

Oral agreements: Verbal promises between parties without written documentation
Written contracts: Signed documents describing the debt terms
Promissory notes: Written agreements for student loans or mortgages
Open-ended accounts: Credit cards and lines of credit

State-by-State Statute of Limitations (in years)

State	Oral	Written	Promissory	Open
Alabama	6	6	6	3
Alaska	3	3	3	3
Arizona	3	6	6	6
Arkansas	3	5	5	5
California	2	4	4	4
Colorado	6	6	6	6
Connecticut	3	6	6	6
Delaware	3	3	3	3
Florida	4	5	5	5
Georgia	4	6	6	6
Illinois	5	10	10	5
Kentucky	5	10	15	10
Louisiana	10	10	10	3
Maryland	3	3	6	3
Massachusetts	6	6	6	6
Michigan	6	6	6	6
Mississippi	3	3	3	3
Missouri	5	10	10	5
Nevada	4	6	3	4
New York	6	6	6	6
North Carolina	3	3	3	3
Ohio	6	6	6	6
Pennsylvania	4	4	4	4
Rhode Island	10	10	10	10
South Carolina	3	3	3	3
Texas	4	4	4	4
Virginia	3	5	6	3
Washington	3	6	6	6
Wisconsin	6	6	10	6
Wyoming	8	10	10	8

Debts Not Subject to Time Limits

Some debts have no expiration on legal action:

Federal student loans
Certain private student loans
Income tax debt
Child support payments

Creditors can sue you for these debts indefinitely.

What Happens When You’re Sued for Time-Barred Debt

You can still be sued after the statute expires. Courts don’t automatically check the statute of limitations. You must raise this defense yourself. Ignoring the lawsuit allows creditors to win by default.

Warning: Collectors may try to restart the clock. Making partial payments, promising to pay, or admitting the debt can reset the statute. Be cautious when communicating with collectors.

How to Protect Yourself

Verify the debt: Request a debt validation letter before making payments or acknowledging ownership.

Check your state’s laws: Deadlines vary by state and debt type.

Respond to lawsuits: Never ignore court papers, even for old debts. You can use the statute of limitations as your defense. Our partner Solo helps you respond to debt lawsuits with a money-back guarantee.

Know your FDCPA rights: The Fair Debt Collection Practices Act prohibits misleading tactics and false lawsuit threats. Report violations to the Consumer Financial Protection Bureau or your state attorney general.

Defending Against Time-Barred Debt Lawsuits

If someone sues you for expired debt, answer the lawsuit immediately. Use the statute of limitations as your legal defense. You have valid grounds to dispute the case.

Failing to respond gives collectors an easy victory. They’ll get a default judgment even though the debt is too old. Responding and raising this defense can win you the case.

Can Collectors Contact You About Expired Debts?

Yes. The statute of limitations only prevents lawsuits. You still legally owe the debt. Collectors can contact you to request payment.

You can ask them to stop contacting you. Harassing phone calls and ignoring your cease contact requests violate federal law. Know your rights under the Fair Debt Collection Practices Act and your state’s consumer protection laws.

Stopping contact provides stress relief but doesn’t eliminate consequences. Old debts can still appear on your credit report and damage your credit score. Older debt carries less weight than recent activity.

Monitor your credit history regularly. Federal law entitles you to one free credit report from each bureau every 12 months.

Protecting Your Rights Against Debt Collectors

Don’t give collectors the upper hand. Understanding your rights is crucial for statute of limitations issues.

Watch What You Say to Collectors

Promising to pay or making partial payments can restart the statute of limitations. You can always request a debt validation letter to verify details. You don’t have to admit owing old debts or promise repayment.

Ask About the Statute Expiration

Collectors may not volunteer this information. However, they must answer truthfully when you ask if the statute has expired. Lying violates the Fair Debt Collection Practices Act.

Report Illegal Threats

Collectors cannot threaten to sue you for time-barred debts. They also can’t threaten actions requiring a judgment, like bank levies or wage garnishment.

Report violations to these agencies:

The Consumer Financial Protection Bureau (CFPB) has an easy online complaint process
The Federal Trade Commission (FTC) enforces the FDCPA and accepts online complaints
Your state’s attorney general’s office handles consumer complaints

Frequently Asked Questions

What is the statute of limitations on debt?

The statute of limitations is a state law that sets a deadline for creditors to sue you for unpaid debt. The time period varies by state and debt type, typically ranging from 3-10 years. After this period expires, you have a strong legal defense against lawsuits, though you still technically owe the debt.

Can I still be sued after the statute of limitations expires?

Yes, creditors can still file lawsuits after the statute expires. Courts don't automatically check expiration dates. You must respond to the lawsuit and raise the statute of limitations as your defense. If you ignore the lawsuit, the collector can win by default judgment even though the debt is time-barred.

How do I find out my state's statute of limitations for debt?

Check your state's laws based on your debt type: oral agreement, written contract, promissory note, or open-ended account like credit cards. Each category has different time limits. You can also request this information from the debt collector, who must answer truthfully under the Fair Debt Collection Practices Act.

Can making a payment restart the statute of limitations?

Yes, making even a partial payment, promising to pay, or admitting you owe the debt can restart the statute of limitations clock. This gives collectors more time to sue you. Always request debt validation before making payments on old debts and avoid acknowledging debt ownership without verification.

What debts have no statute of limitations?

Federal student loans, some private student loans, income tax debt, and child support payments have no time limits. Creditors can sue you for these debts at any time, regardless of how old they are. The statute of limitations only applies to certain consumer debts like credit cards and personal loans.

Statute of Limitations for Debt: Know Your Rights and Defenses