Statute of Limitations on Debt Collection by State (2024 Guide)
The statute of limitations protects you from lawsuits on old debt, but you must actively raise it as a defense. Check your state's time limits by debt type and never make payments on time-barred debt without consulting a lawyer first.
Respond to LawsuitNothing lasts forever, not even debt. After a certain number of years, your debt becomes time-barred.
Time-barred means the debt is too old for collectors to sue you. The statute of limitations sets this deadline.
Being Sued for Time-Barred Debt?
Don't let collectors win by default. Assert the expired statute of limitations properly in your Answer. Get expert help responding to your debt lawsuit before the court deadline.
Answer Your SummonsYour state and debt type determine how long collectors can legally sue. Each state has different time limits for different debts.
You might still see the debt on your credit report. But you cannot be forced to pay if it’s time-barred.
You Must Actively Assert the Statute of Limitations
The statute of limitations doesn’t apply automatically. You must raise it as a defense.
Collectors can still sue you over time-barred debt. Never ignore a lawsuit.
Judges won’t argue the statute of limitations for you. You must include it in your Answer to the lawsuit.
Our partner Solo helps you respond to debt lawsuits correctly. You can assert the expired statute of limitations as an affirmative defense.
Collectors who sue after the statute expires may violate the Fair Debt Collection Practices Act.
Time-Barred Debt Still Affects Your Credit Report
Winning a lawsuit doesn’t erase your credit history. Credit agencies can report unpaid debt for 7 years.
Your credit score may suffer even if the debt is uncollectible. You may struggle to get loans or credit cards.
Collectors can still contact you about time-barred debt. They just can’t sue you for it.
Paying Old Debt Can Restart the Clock
Making a payment on time-barred debt is risky. It could restart the statute of limitations.
Never make payments without understanding the consequences. Check your state’s laws first.
If you must pay, create a written agreement. Make it clear that payment won’t restart the statute of limitations.
Every state handles this differently. Consult a lawyer before paying anything on old debt.
Different Debt Types Have Different Time Limits
Your debt category determines the statute of limitations. You need to know which category applies.
Oral Debt
You agreed verbally with nothing in writing. These agreements are harder to prove in court.
Written Debt
Contracts count as written debt. Both parties agreed to terms in writing.
Informal contracts count too. Even a handwritten note can be a contract.
Promissory Debt
Mortgages are classic promissory debts. You made a written promise to repay money.
The promise includes a payment schedule and interest rate.
Open Debt
Revolving accounts fall into this category. Store credit cards are common examples.
You can borrow and repay in an ongoing cycle.
Credit Card Debt
Visa, Mastercard, Discover, and American Express are credit card debts. These are unsecured debts.
Unsecured debts lead to lawsuits more often. Collectors have no collateral to repossess.
Court Judgments
Collectors sued you and won a judgment. Judgments have their own statute of limitations.
Judgment time limits are usually longer than original debt limits.
Statute of Limitations on Debt by State
Find your state’s statute of limitations below. Numbers represent years before debt becomes time-barred.
Check both your debt type and state location.
| State | Oral | Written | Promissory | Open | Credit Card | Judgments |
|---|---|---|---|---|---|---|
| Alabama | 6 | 6 OR 10 | 6 | 6 | 3 | 20 |
| Alaska | 3 | 3 | 3 | 3 | 3 | 10 |
| Arizona | 3 | 6 | 6 | 3 | 6 | 4 |
| Arkansas | 3 | 5 | 3 | 3 | 5 | 10 |
| California | 2 | 4 | 4 | 4 | 4 | 10 |
| Colorado | 6 | 6 | 6 | 6 | 6 | – |
| Connecticut | 3 | 6 | 6 | 3 | 6 | 20 |
| Delaware | 3 | 3 | 3 | 4 | 3 | 5 |
| District of Columbia | 3 | 4 | 3 | 3 | 3 | 12 |
| Florida | 4 | 5 | 5 | 4 | 5 | 20 |
| Georgia | 4 | 6 | 6 | 6 | 6 | 5 |
| Hawaii | 6 | 6 | 6 | 6 | 6 | 10 |
| Idaho | 4 | 5 | 5 | 5 | 5 | 6 |
| Illinois | 5 | 10 | 10 | 5 | 5 | 20 |
| Indiana | 6 | 6 | 10 | 6 | 6 | 20 |
| Iowa | 5 | 10 | 5 | 5 | 5 | 10 OR 20 |
| Kansas | 3 | 5 | 5 | 3 | 3 | – |
| Kentucky | 5 | 10 | 15 | 5 | 5 | 15 |
| Louisiana | 10 | 10 | 10 | 3 | 3 | 10 |
| Maine | 6 | 6 | 6 | 6 | 6 | 20 |
| Maryland | 3 | 3 | 6 | 3 | 3 | 12 |
| Massachusetts | 6 | 6 | 6 | 6 | 6 | 6 |
| Michigan | 6 | 6 | 6 | 6 | 6 | 6 OR 10 |
| Minnesota | 6 | 6 | 6 | 6 | 6 | 10 |
| Mississippi | 3 | 3 | 3 | 3 | 3 | 7 |
| Missouri | 5 | 10 | 10 | 5 | 5 | 10 |
| Montana | 5 | 8 | 8 | 5 | 8 | 10 |
| Nebraska | 4 | 5 | 5 | 4 | 4 | 5 |
| Nevada | 4 | 6 | 3 | 4 | 4 | 6 |
| New Hampshire | 3 | 3 | 6 | 3 | 3 | 20 |
| New Jersey | 6 | 6 | 6 | 6 | 6 | 20 |
| New Mexico | 4 | 6 | 6 | 4 | 4 | 14 |
| New York | 6 | 6 | 6 | 6 | 6 | 20 |
| North Carolina | 3 | 3 | 5 | 3 | 3 | 10 |
| North Dakota | 6 | 6 | 6 | 6 | 6 | 10 |
| Ohio | 6 | 8 | 15 | 6 | 6 | 21 |
| Oklahoma | 3 | 5 | 5 | 3 | 5 | 3 |
| Oregon | 6 | 6 | 6 | 6 | 6 | 10 |
| Pennsylvania | 4 | 4 | 4 | 4 | 4 | 4 |
| Rhode Island | 10 | 10 | 10 | 10 | 10 | 20 |
| South Carolina | 3 | 3 | 3 | 3 | 3 | 10 |
| South Dakota | 6 | 6 | 6 | 6 | 6 | 10 OR 20 |
| Tennessee | 6 | 6 | 6 | 6 | 6 | 10 |
| Texas | 4 | 4 | 4 | 4 | 4 | – |
| Utah | 4 | 6 | 6 | 4 | 6 | 8 |
| Vermont | 6 | 6 | 5 | 3 | 6 | 6 OR 10 |
| Virginia | 3 | 5 | 6 | 3 | 3 | 10 OR 20 |
| Washington | 3 | 6 | 6 | 3 | 6 | 10 |
| West Virginia | 5 | 10 | 6 | 5 | 10 | 10 |
| Wisconsin | 6 | 6 | 10 | 6 | 6 | 6 OR 20 |
| Wyoming | 8 | 10 | 10 | 8 | 8 | 5 |
State laws may change as new legislation passes. Always verify current statutes.
Real World Example: How the Statute of Limitations Works
Timmy lives in Alabama. He had a Capital One credit card debt from 2010.
He stopped making payments in 2011. Capital One sued him in 2015.
Four years passed since his last payment. Alabama’s credit card statute of limitations is 3 years.
The debt became time-barred. But Timmy still had to respond.
Ignoring the lawsuit would have resulted in a default judgment. Our partner Solo helped Timmy file an Answer.
He raised the expired statute of limitations as an affirmative defense. The court dismissed the case.
Check Your Credit Agreement for Choice of Law Clauses
Your credit agreement may specify which state’s laws apply. Major credit card issuers often choose specific jurisdictions.
You might live in California but be governed by New York law. Read your agreement carefully.
Look for “Choice of Law” or “Governing Law” clauses. These determine which state’s statute of limitations applies.
Your physical location doesn’t always determine jurisdiction.
Key Takeaways on Debt Statute of Limitations
- Debt expires after the statute of limitations passes in your state
- Different states have different time limits for debt collection
- Different debt types have different expiration timelines
- Time-barred debt can still affect your credit report for years
- Making payments on old debt can restart the statute of limitations
- You must actively assert the statute of limitations in court