Statute of Limitations on Debt in Washington: What You Need to Know
Washington sets specific time limits for debt collection lawsuits ranging from three to 10 years depending on debt type. Credit card and written contract debts have a six-year statute of limitations. If sued for an old debt, you must file an Answer asserting the statute of limitations defense to protect yourself.
Answer Your LawsuitOld debts can resurface when you least expect them. You might receive a call from a collector about something you forgot years ago.
If a creditor is suing you over an old debt in Washington, you have rights. The statute of limitations may have expired on your debt.
Respond to Your Washington Debt Lawsuit Today
Don't let expired debts turn into court judgments. File your Answer and assert the statute of limitations defense before your deadline passes.
Create Your AnswerUnderstanding these time limits can help you fight back. Here’s what you need to know about debt collection lawsuits in Washington state.
Understanding the Statute of Limitations on Debt
A statute of limitations sets a deadline for legal action. Creditors must file lawsuits within a specific timeframe to collect debts.
After the deadline passes, creditors lose their right to sue you. They can still call or send letters requesting payment. But they cannot get a court judgment against you.
Different debt types have different time limits. Each state sets its own rules for various debts.
The state where your debt originated determines which laws apply. Even if you’ve moved, the original state’s rules still matter.
Washington Statute of Limitations by Debt Type
Washington recognizes seven distinct categories of debt. Each category has a specific prescriptive period for filing lawsuits.
Written Contracts: 6 Years
Written contracts include most formal loan agreements and medical debt. These signed documents clearly state the amount owed and payment terms.
Creditors have six years from your default date to sue. The default date is when you stopped making required payments.
Oral Agreements: 3 Years
Some contracts exist without written documentation. Verbal promises and implied agreements fall into this category.
Washington gives creditors only three years to sue on oral debts. You have stronger protection against lawsuits for these agreements.
Auto Loans: 4 Years
Car loans follow different rules than standard written contracts. Washington limits auto loan collection lawsuits to four years.
The clock starts when you miss payments and default. Creditors must act within four years of that date.
State Tax Debt: 4 Years
Outstanding Washington state tax bills have a four-year collection window. The state must file suit within this timeframe.
Credit Card Debt: 6 Years
Credit card companies have six years to sue for unpaid balances. The prescriptive period begins when you default on the account.
Most credit cards in Washington follow this six-year rule. Our partner Solo can help you respond if you’re sued.
Open Accounts: 6 Years
Open accounts include accounts payable and trade credit lines. Vendors and contractors often use these arrangements.
Creditors have six years to pursue collection lawsuits for open accounts.
Judgments and Property Recovery: 10 Years
Court judgments receive the longest collection period in Washington. Creditors can enforce judgments for up to 10 years.
Property seizure cases also fall under this extended timeframe. The 10-year period starts when the court enters the judgment.
What Happens When a Debt Becomes Time-Barred
A time-barred debt has passed its statute of limitations deadline. The creditor can no longer sue you in court for payment.
But the debt doesn’t disappear completely. You still technically owe the money under the original agreement.
Collectors can continue contacting you about time-barred debts. They just cannot take legal action to force payment.
You must assert the statute of limitations defense yourself. Courts won’t automatically dismiss expired debt lawsuits.
How to Handle a Lawsuit on Old Debt
First, calculate when you defaulted on the debt. Compare that date to Washington’s statute of limitations.
If the deadline has passed, you need to file an Answer with the court. Your Answer must specifically state the statute of limitations defense.
Ignoring the lawsuit won’t work in your favor. The court may issue a default judgment against you.
Our partner Solo helps you create a proper response to debt lawsuits. You can file your Answer and assert your rights.
How Tolling Resets the Clock
Tolling pauses or restarts the statute of limitations countdown. Certain actions can reset the prescriptive period to zero.
Making a payment on an old debt typically triggers tolling. Even a small payment can restart the clock.
Acknowledging the debt in writing may also reset the timer. Be careful what you say to collectors.
Example of Tolling in Action
Imagine you defaulted on a credit card in 2018. The creditor has until 2024 to sue you.
In 2020, you make a partial payment of $50. The six-year clock resets to zero on that date.
The creditor now has until 2026 to file a lawsuit. Your payment extended their deadline by two years.
Protecting Your Rights Against Debt Collectors
Washington law provides strong consumer protections. You have rights when dealing with debt collectors.
Collectors cannot harass or threaten you. They must follow federal and state collection laws.
You can request debt validation within 30 days of first contact. Collectors must prove they own the debt and the amount is correct.
Never ignore a lawsuit, even for old debts. Filing an Answer protects you from default judgments.
Steps to Take When Sued for Debt
First, review the complaint carefully. Identify the debt type and default date.
Calculate the statute of limitations for that debt category. Determine if the prescriptive period has expired.
File your Answer before the deadline stated in the summons. Include the statute of limitations as an affirmative defense.
Gather documentation supporting your defense. Bank statements and payment records can prove your timeline.
Our partner Solo simplifies the response process. You can answer the lawsuit and protect your rights.
Common Mistakes to Avoid
Don’t restart the clock by making payments on very old debts. Calculate the statute of limitations first.
Never sign new agreements for old debts without legal advice. You may be waiving important defenses.
Don’t ignore collection lawsuits hoping they’ll go away. Courts will issue judgments against you by default.
Avoid discussing old debts with collectors before verifying the timeline. You might accidentally acknowledge the debt.