Louisiana Debt Statute of Limitations: 3 Years or 10?

Louisiana gives debt collectors 3 years to sue you for most consumer debts. Medical debt gets 10 years. Miss that window, and the debt becomes legally unenforceable—though collectors won't necessarily tell you that.

If you're facing a debt lawsuit or being pressured to pay old debt, understanding Louisiana's prescription period (that's what the state calls its statute of limitations) can change everything. Here's what you need to know to protect yourself.

When the Clock Starts in Louisiana

Louisiana's prescription period starts ticking on the date of your last payment or last purchase on an account. Not the date you opened the account. Not the date you missed a payment. The last time money moved.

For a credit card, that's your last charge or payment. For a personal loan, it's your last payment. For medical debt, it's the date of service or your last payment toward that bill.

Once that clock starts, collectors have a limited window to file a lawsuit. After the deadline passes, the debt becomes "time-barred." You still owe it technically, but they can't force you to pay through the courts.

Louisiana's Prescription Periods by Debt Type

The state uses different timelines depending on what kind of debt you're dealing with:

• Credit cards: 3 years
• Personal loans: 3 years
• Auto loans: 3 years
• Student loans: 3 years (private loans; federal loans have no limit)
• Medical debt: 10 years
• Mortgages: 3 years (though foreclosure has separate rules)
• Judgments: 10 years

These periods come from Louisiana Civil Code Articles 3494, 3499, and 3501. Medical debt gets the longer window because it's treated differently under Louisiana's prescription rules for "open accounts" related to services rendered.

How Louisiana's "Interruption" Rule Works

Louisiana has a quirk you won't find in most states. The prescription period can be interrupted when a lawsuit is filed in a proper court and venue. The clock pauses during the lawsuit. If the case gets dismissed or abandoned, the clock resumes from where it left off,it doesn't reset to zero.

Example: A collector files a lawsuit against you 2 years after your last payment. The case drags on for 18 months, then gets dismissed. When the dismissal happens, you have 1 year left before prescription expires (3 years total minus the 2 years that had already passed). The 18 months the case was active doesn't count.

This differs from "tolling" in other states, where certain events pause the clock entirely. Louisiana's interruption rule is more favorable to debtors because the clock doesn't reset.

What Happens When Debt Becomes Time-Barred

After prescription expires, collectors can still call you. They can still send letters. They can still report the debt to credit bureaus (for up to 7 years from the date it first went delinquent). What they cannot do is sue you and win.

If they try anyway,and some do,you have an absolute defense. You file an answer to the lawsuit citing Louisiana's prescription period. The case gets dismissed. But you have to show up and raise that defense. If you ignore the lawsuit, the court grants a default judgment, and prescription doesn't matter anymore.

That's why responding to any debt lawsuit is critical, even if you think the debt is time-barred. Miss your deadline to respond (usually 15 days in Louisiana), and you lose by default.

Collectors Will Test You on Old Debt

Debt buyers routinely sue on time-barred debt. A 2019 study by the Consumer Financial Protection Bureau found that collectors file suit on expired debt in roughly 1 in 7 cases. They're betting you won't show up or won't know your rights.

If you receive a demand letter or court summons for debt that's more than 3 years old (or 10 years for medical), check the dates carefully. Pull your records. Calculate the prescription period. If it's expired, that's your leverage.

But don't just tell the collector "this debt is too old." That can restart the clock in some states if you acknowledge the debt. In Louisiana, the safer move is to say nothing until you're in court, then raise prescription as an affirmative defense in your written answer.

Restarting the Clock: What Not to Do

In some states, making even a small payment on old debt or signing a repayment agreement can restart the statute of limitations. Louisiana's rules are more protective. The prescription period is tied to the original cause of action. A partial payment doesn't create a new 3-year window,it just extends the timeline from the date of that payment.

Still, be cautious. If a collector offers to "settle" an old debt, and you agree in writing, you may be waiving your prescription defense. Never sign anything or make a payment on debt that's close to expiring without understanding the consequences.

How to Respond to a Debt Lawsuit in Louisiana

You have 15 days from being served to file a written answer with the court. Your answer should include an affirmative defense if the debt is time-barred. Use clear language: "The plaintiff's claim is barred by the prescriptive period set forth in Louisiana Civil Code Article [3494 or 3499, depending on the debt type]."

You can file your answer yourself, hire an attorney, or use a service that helps you draft the response. The key is to file on time. Miss that deadline, and the collector wins by default,even if the debt was legally unenforceable.

If the lawsuit was filed in small claims court (claims under $5,000 in Louisiana), you'll go to a hearing where you can argue your case. If it's in a higher court, you may need to file additional motions to get the case dismissed.

Responding doesn't mean you admit you owe the debt. It means you're protecting your rights. Many collectors drop cases once they see a debtor who knows the law.

What About Federal Student Loans?

Private student loans follow Louisiana's 3-year prescription period. Federal student loans have no statute of limitations. The government can sue you, garnish your wages, or seize your tax refund decades after you defaulted.

If you're dealing with federal student loan debt, prescription won't help you. Your options are bankruptcy (difficult but possible for student loans), income-driven repayment plans, or loan rehabilitation programs.

Should You Pay Time-Barred Debt?

That depends. If the debt is still within the 7-year credit reporting window, paying it might help your credit score,but not always. "Paid collections" still hurt your score, just less than unpaid ones.

If the debt is beyond the prescription period and beyond 7 years from your first delinquency, it's probably not on your credit report anymore. Paying it won't help you. It might even cause the debt to reappear on your report as a new "paid collection," which can temporarily lower your score.

Before you pay anything, consider: Will this help me get a mortgage, a car loan, or a job? Or am I just making a collector's quota? If the debt is expired and not affecting your life, you may be better off letting it go.

When Prescription Doesn't Apply

Some debts don't have a statute of limitations in Louisiana:

• Federal student loans (as noted above)
• Child support
• Court-ordered restitution
• Tax debt (though the IRS has a 10-year collection window)

Judgments also get special treatment. Once a collector wins a judgment, they have 10 years to collect on it through wage garnishment, bank levies, or property liens. After 10 years, they can renew the judgment in Louisiana for another 10 years. This can go on indefinitely if they keep renewing.

That's why it's so critical to defend yourself before a judgment is entered. Once the collector has a judgment, prescription doesn't help you anymore.

Where to Get Help

If you're being sued for debt in Louisiana, you have options. You can contest the case yourself, especially if the debt is time-barred. Many legal aid organizations offer free clinics on debt defense.

If you're overwhelmed by multiple debts and lawsuits aren't your only problem, bankruptcy might be a better path. Chapter 7 wipes out most unsecured debt in 3-4 months. Chapter 13 gives you 3-5 years to catch up on secured debt like mortgages and cars while discharging the rest.

Bankruptcy stops lawsuits, garnishments, and collection calls immediately. It doesn't care whether your debt is time-barred. It eliminates it either way.

The Bottom Line

Louisiana gives collectors 3 years to sue for most debts, 10 years for medical debt. After that, you have a defense,but only if you show up and use it. Ignoring a lawsuit hands the collector a win, even on expired debt.

If you're being sued, file an answer within 15 days. Raise the prescription defense if the debt is old enough. If you're drowning in multiple debts and prescription won't save you, explore bankruptcy before judgments pile up. You have more power than collectors want you to believe.