What is the statute of limitations on debt?

The statute of limitations (SOL) is the maximum time a creditor or collector has to sue you for a debt. It varies by state and debt type, typically ranging from 3-6 years for credit cards, personal loans, and medical debt. Once the SOL expires, the debt becomes 'time-barred' — meaning you have an absolute legal defense if sued.

Can collectors still call after the statute of limitations expires?

Yes, debt collectors can still attempt to collect time-barred debt through calls and letters. However, they cannot sue you successfully, and in many states they must disclose that the debt is too old to sue over. You can send a cease and desist letter to stop all contact.

What restarts the statute of limitations clock?

The SOL clock can restart if you: make a partial payment, acknowledge the debt in writing, agree to a payment plan, or charge something to the account. The clock typically resets from the date of your last payment or last written acknowledgment of the debt.

How to Deal with Expired Debt: Collection After Statute of Limitations (2026)

What Is "Expired" Debt?

Every debt has a legal expiration date called the statute of limitations (SOL). This is the maximum time a creditor or debt collector has to sue you in court. Once this period passes, the debt becomes "time-barred" — meaning you have an absolute legal defense if they try to sue.

Key Distinction: SOL vs. Credit Reporting

The statute of limitations for lawsuits is DIFFERENT from the 7-year credit reporting limit. A debt might still appear on your credit report (for 7 years) but be too old to sue over (3-6 years in most states). These are separate timelines with separate rules.

Statute of Limitations by State and Debt Type

The SOL varies significantly by state and the type of debt. Here's a comprehensive overview:

State	Oral Contract	Written Contract	Credit Card	Promissory Note
Alabama	6 years	6 years	6 years	6 years
Alaska	6 years	6 years	6 years	6 years
Arizona	3 years	6 years	3 years	6 years
Arkansas	3 years	5 years	3 years	5 years
California	2 years	4 years	4 years	4 years
Colorado	6 years	6 years	6 years	6 years
Connecticut	3 years	6 years	6 years	6 years
Delaware	3 years	3 years	3 years	3 years
Florida	4 years	5 years	5 years	5 years
Georgia	4 years	6 years	4 years	6 years
Hawaii	6 years	6 years	6 years	6 years
Idaho	5 years	5 years	5 years	5 years
Illinois	5 years	10 years	5 years	10 years
Indiana	6 years	10 years	6 years	10 years
Iowa	5 years	10 years	5 years	10 years
Kansas	3 years	5 years	5 years	5 years
Kentucky	5 years	10 years	5 years	10 years
Louisiana	10 years	10 years	10 years	10 years
Maine	6 years	6 years	6 years	6 years
Maryland	3 years	6 years	3 years	6 years
Massachusetts	6 years	6 years	6 years	6 years
Michigan	6 years	6 years	6 years	6 years
Minnesota	6 years	6 years	6 years	6 years
Mississippi	3 years	6 years	3 years	6 years
Missouri	5 years	10 years	5 years	10 years
Montana	5 years	8 years	5 years	8 years
Nebraska	4 years	5 years	4 years	5 years
Nevada	4 years	6 years	4 years	6 years
New Hampshire	3 years	6 years	6 years	6 years
New Jersey	6 years	6 years	6 years	6 years
New Mexico	4 years	6 years	4 years	6 years
New York	6 years	6 years	6 years	6 years
North Carolina	3 years	3 years	3 years	3 years
North Dakota	6 years	6 years	6 years	6 years
Ohio	6 years	8 years	6 years	6 years
Oklahoma	3 years	5 years	3 years	5 years
Oregon	6 years	6 years	6 years	6 years
Pennsylvania	4 years	6 years	4 years	6 years
Rhode Island	10 years	10 years	10 years	10 years
South Carolina	3 years	6 years	3 years	6 years
South Dakota	6 years	6 years	6 years	6 years
Tennessee	6 years	6 years	6 years	6 years
Texas	4 years	4 years	4 years	4 years
Utah	4 years	6 years	6 years	6 years
Vermont	6 years	6 years	6 years	6 years
Virginia	3 years	5 years	5 years	5 years
Washington	3 years	6 years	6 years	6 years
West Virginia	5 years	10 years	5 years	10 years
Wisconsin	6 years	6 years	6 years	6 years
Wyoming	8 years	10 years	8 years	10 years

Check Your Specific State

Credit card debt is classified differently by state — some treat it as oral contract, some as written contract, and some have specific statutes. Use our state-by-state SOL calculator for precise determination.

When Does the SOL Clock Start?

The statute of limitations clock typically starts from your date of last payment or the date your account first went delinquent and was never brought current. This is called the "cause of action" date.

Common Scenarios

Credit Card Debt

The clock starts from your last payment OR the date you stopped paying and never resumed — whichever is later. Making even a $5 payment restarts the entire clock.

Medical Debt

The clock typically starts from the date of service OR the date the account was charged off by the provider — varies by state.

Personal Loans

The clock starts from the date of default (missed payment that was never cured) or last payment — whichever is later.

Judgments

If a collector already obtained a court judgment against you, the SOL for collecting that judgment is typically 10-20 years and can often be renewed.

What Restarts the SOL Clock?

Critical: These Actions Reset the Clock

Even if your debt is past the statute of limitations, certain actions can restart the clock — making the debt legally enforceable again. Avoid these actions on time-barred debt.

Actions That Restart the SOL

Making any payment — Even a partial payment of $5 resets the entire clock
Acknowledging the debt in writing — Emails, letters, or texts admitting you owe the debt
Agreeing to a payment plan — Verbal or written agreement to pay restarts the clock in most states
Making a charge on the account — For revolving credit (credit cards), any new charge resets the clock
Making a partial payment on a judgment — Resets the judgment enforcement clock

Actions That Do NOT Restart the SOL

Discussing the debt — Talking to collectors doesn't restart the clock
Requesting debt validation — Your FDCPA right to verify the debt doesn't reset SOL
Disputing the debt — Sending a dispute letter doesn't acknowledge the debt
Making a "goodwill" payment — In some states, payments marked as "not acknowledging debt" don't restart (consult attorney)

Safe Way to Pay Time-Barred Debt

If you want to pay expired debt for moral reasons, consult a consumer attorney first. In some states, you can include language like "This payment is made without acknowledging the debt or restarting the statute of limitations" — but this doesn't work in all states.

Can Collectors Still Pursue Expired Debt?

Yes — and they do. Debt buyers purchase old debts for pennies on the dollar and attempt collection, hoping you won't realize the debt is expired or won't fight back.

What Collectors Can Legally Do

Call and send letters — They can attempt to collect through normal channels
Report to credit bureaus — As long as it's within the 7-year credit reporting period
Offer settlement — They can accept voluntary payment

What Collectors CANNOT Do

Sue you successfully — If you raise the SOL defense, the case should be dismissed
Threaten to sue — Threatening legal action they can't legally take violates the FDCPA
Misrepresent the debt status — Lying about whether the debt is time-barred is illegal
Continue after cease request — They must stop contact if you send a cease and desist letter

New CFPB Rule (2025)

As of January 2025, debt collectors must disclose in writing that a debt is "too old to sue" within 5 days of first contact. If you receive a collection notice for time-barred debt without this disclosure, report it to the CFPB.

What to Do If You're Sued for Time-Barred Debt

Collectors sometimes sue anyway, hoping you won't respond or won't raise the statute of limitations defense. Here's how to protect yourself:

Step 1: Don't Ignore the Lawsuit

You typically have 20-30 days to respond. Ignoring the lawsuit results in a default judgment — even if the debt was time-barred.

Step 2: File an Answer

Your Answer must specifically raise the statute of limitations as an "affirmative defense." Sample language:

AFFIRMATIVE DEFENSE: STATUTE OF LIMITATIONS Defendant asserts as an affirmative defense that Plaintiff's claims are barred by the applicable statute of limitations. The alleged debt first became delinquent on or about [DATE], which is more than [X] years before this lawsuit was filed. Under [STATE] law, the applicable limitations period is [X] years. WHEREFORE, Defendant requests this Court dismiss Plaintiff's Complaint with prejudice.

Step 3: File a Motion to Dismiss

Along with your Answer, file a Motion to Dismiss based on the expired statute of limitations. Include evidence:

Credit report showing last payment date
Account statements showing charge-off date
Any correspondence confirming the age of the debt

Step 4: Request Attorney Fees (Optional)

If the collector knowingly sued on time-barred debt, request attorney fees and costs under the FDCPA. Many consumer attorneys will take these cases on contingency.

How to Make Collectors Stop Contacting You

If you have time-barred debt and want collection efforts to stop, send a cease and desist letter:

[YOUR NAME] [Your Address] [City, State ZIP] [Date] [COLLECTOR NAME] [Collector Address] [City, State ZIP] Re: CEASE AND DESIST NOTICE Account Reference: [Account Number if known] Dear [Collector Name], I am writing regarding your attempts to collect the above-referenced debt. Based on my records, this debt is time-barred under the applicable statute of limitations. The last payment on this account was made on or about [DATE], which is more than [X] years ago. Under [STATE] law, the statute of limitations for this type of debt is [X] years. You cannot successfully sue to collect this debt. I am requesting that you CEASE ALL COMMUNICATION with me regarding this debt, pursuant to 15 U.S.C. § 1692c(c) of the Fair Debt Collection Practices Act (FDCPA). This request applies to all forms of communication: - Telephone calls (cell, home, work) - Text messages and voicemails - Letters and emails - Contact through third parties Continued contact after receipt of this letter will be reported to the Consumer Financial Protection Bureau and may result in legal action for FDCPA violations. This letter is not an acknowledgment or admission that I owe the alleged debt. I expressly reserve all my rights under the FDCPA and applicable state law. Sincerely, [Your Signature] [Your Printed Name] Sent via Certified Mail: [Tracking Number]

Should You Pay Time-Barred Debt?

This is a personal decision with pros and cons:

Reasons NOT to Pay

No legal obligation — You can't be successfully sued
May restart SOL on related debts — Payment could revive other debts from the same creditor
Wastes limited resources — Money could go to current, enforceable obligations
Encourages zombie debt buying — Pays an industry that preys on consumers

Reasons TO Pay

Moral obligation — You did receive the goods/services originally
Credit report removal — Some collectors will delete the collection in exchange for payment
Stop collection calls — Payment ends the harassment
Future credit applications — Some lenders ask about unpaid collections

If You Decide to Pay...

Negotiate pay-for-deletion in writing first. Offer 30-50% of the balance (they bought it cheap). Get a written agreement specifying they'll delete the collection from all credit bureaus before you pay. Never give bank account access — pay with money order or cashier's check.

Free Tools and Resources

Statute of Limitations Calculator

Check if your debt is too old to sue by state.

Check now →

Zombie Debt Guide

Complete guide to dealing with expired debt.

Learn more →

Cease and Desist Letter Generator

Make collectors stop calling you.

Generate free →

FDCPA Violations Guide

Illegal collection practices and how to fight back.

Learn more →

Frequently Asked Questions

Will paying time-barred debt improve my credit score?

Not automatically. Paid collections still appear on your credit report for 7 years from the original delinquency date. However, some newer credit scoring models (FICO 9, VantageScore 3.0/4.0) ignore paid collections. For maximum impact, negotiate pay-for-deletion in writing before paying.

Can a collector sell time-barred debt to another collector?

Yes. Time-barred debt is still an asset that can be sold. Each new collector gets the same collection rights (and limitations) as the previous owner. The statute of limitations doesn't reset when debt is sold — it's based on your last payment date.

What if I accidentally made a payment on time-barred debt?

If you just made a payment without realizing the debt was expired, contact the collector immediately in writing. State that you were unaware of the SOL expiration, you do not acknowledge the debt, and you consider the SOL clock to have expired before your payment. Consult a consumer attorney — laws vary by state on whether this truly resets the clock.

Does the statute of limitations apply to tax debt?

No. Federal tax debt has different rules — the IRS has 10 years from the assessment date to collect through levy or lawsuit. State tax debt varies by state. Tax debt is generally not dischargeable in bankruptcy either.

Can I go to jail for not paying time-barred debt?

No. You cannot go to jail for consumer debt (credit cards, medical bills, personal loans). Debtors' prisons were abolished in the 1800s. However, you CAN be jailed for ignoring a court order — which is why you must respond to lawsuits even if the debt is expired.

How do I prove the statute of limitations has expired?

Gather evidence showing your last payment date: credit reports (which show "date of last payment" or "charge-off date"), old bank statements showing the last payment, or correspondence from the original creditor. The burden is on you to prove the SOL has expired — it's an affirmative defense you must raise.