Quick Answer: What Is the Statute of Limitations on Debt?
The statute of limitations on debt is the maximum number of years a creditor or debt collector has to sue you for an unpaid debt. After this period expires, the debt becomes "time-barred" — collectors can still ask you to pay, but they can't win a lawsuit against you (if you raise the statute of limitations as a defense).
⚠️ Critical: The statute of limitations varies by state AND by debt type. Credit card debt might have a different limit than medical bills or auto loans. Making a payment or acknowledging the debt in writing can restart the clock in most states.
Statute of Limitations by State (Complete 2026 Table)
Here's the complete breakdown for all 50 states. The "Written Contract" column typically applies to credit cards, personal loans, and medical debt.
| State | Written Contract | Oral Agreement | Promissory Note | Open Account |
|---|---|---|---|---|
| Alabama | 6 years | 6 years | 6 years | 3 years |
| Alaska | 6 years | 6 years | 6 years | 3 years |
| Arizona | 6 years | 3 years | 6 years | 3 years |
| Arkansas | 5 years | 5 years | 5 years | 3 years |
| California | 4 years | 2 years | 4 years | 4 years |
| Colorado | 6 years | 6 years | 6 years | 6 years |
| Connecticut | 6 years | 3 years | 6 years | 6 years |
| Delaware | 3 years | 3 years | 3 years | 3 years |
| Florida | 5 years | 4 years | 5 years | 4 years |
| Georgia | 6 years | 4 years | 6 years | 4 years |
| Hawaii | 6 years | 6 years | 6 years | 6 years |
| Idaho | 5 years | 4 years | 5 years | 4 years |
| Illinois | 5 years | 5 years | 10 years | 5 years |
| Indiana | 6 years | 3 years | 6 years | 3 years |
| Iowa | 5 years | 5 years | 5 years | 5 years |
| Kansas | 5 years | 3 years | 5 years | 3 years |
| Kentucky | 5 years | 5 years | 15 years | 5 years |
| Louisiana | 10 years | 10 years | 10 years | 3 years |
| Maine | 6 years | 6 years | 6 years | 6 years |
| Maryland | 3 years | 3 years | 6 years | 3 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 | 3 years | 3 years | 3 years |
| Missouri | 5 years | 5 years | 5 years | 5 years |
| Montana | 8 years | 5 years | 8 years | 5 years |
| Nebraska | 5 years | 4 years | 5 years | 4 years |
| Nevada | 6 years | 4 years | 6 years | 4 years |
| New Hampshire | 3 years | 3 years | 6 years | 3 years |
| New Jersey | 6 years | 6 years | 6 years | 6 years |
| New Mexico | 6 years | 4 years | 6 years | 4 years |
| New York | 3 years | 3 years | 6 years | 3 years |
| North Carolina | 3 years | 3 years | 3 years | 3 years |
| North Dakota | 6 years | 6 years | 6 years | 6 years |
| Ohio | 6 years | 6 years | 6 years | 6 years |
| Oklahoma | 5 years | 3 years | 5 years | 3 years |
| Oregon | 6 years | 6 years | 6 years | 6 years |
| Pennsylvania | 4 years | 4 years | 4 years | 4 years |
| Rhode Island | 10 years | 10 years | 10 years | 10 years |
| South Carolina | 3 years | 3 years | 3 years | 3 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 | 6 years | 4 years |
| Utah | 6 years | 4 years | 6 years | 4 years |
| Vermont | 6 years | 6 years | 14 years | 6 years |
| Virginia | 5 years | 3 years | 6 years | 3 years |
| Washington | 6 years | 3 years | 6 years | 3 years |
| West Virginia | 10 years | 5 years | 10 years | 5 years |
| Wisconsin | 6 years | 6 years | 6 years | 6 years |
| Wyoming | 8 years | 8 years | 10 years | 8 years |
What Each Debt Type Means
Written Contract (Most Credit Cards)
This applies to debts based on a written agreement. Most credit card debts fall under this category, though some states treat credit cards as "open accounts." The statute of limitations for written contracts tends to be longer — typically 5-6 years.
Oral Agreement
Debts based on verbal agreements have shorter statutes of limitations, typically 2-4 years. These are harder to enforce in court since there's no written documentation.
Promissory Note
Promissory notes are written promises to pay a specific amount by a specific date. These often have the longest statutes of limitations (up to 15 years in Kentucky and Vermont). Auto loans and some personal loans fall under this category.
Open Account (Running Account)
Open accounts are ongoing credit arrangements where the balance fluctuates — like credit cards, utility bills, or medical bills with ongoing treatment. Some states treat these differently from written contracts.
When Does the Clock Start?
The statute of limitations clock typically starts from one of these dates (varies by state):
- Date of last payment — the last time you made any payment toward the debt
- Date of first delinquency — when you first fell behind and never caught up
- Date of charge-off — when the creditor wrote off the debt as a loss (usually 180 days after first delinquency)
- Date of last account activity — any activity on the account
✅ Pro Tip: California and some other states use the "date of first delinquency" rule, which means the clock starts when you first miss a payment and never catch up. This is generally more favorable to consumers than the "last payment" rule.
What Restarts the Statute of Limitations Clock?
In most states, certain actions can "toll" or restart the statute of limitations, giving collectors a fresh time period to sue you:
- Making any payment — even $1 can restart the clock
- Acknowledging the debt in writing — saying "I owe this debt" in a letter or email
- Making a partial payment agreement — agreeing to a payment plan
- Using the credit account — making a new charge on a credit card
🚫 Never make a payment on old debt without first checking your state's statute of limitations. A single $5 payment could restart a 6-year clock, exposing you to a lawsuit for the full balance.
States with the Shortest Statute of Limitations
If you live in one of these states, you get debt-free protection faster:
| State | Written Contract SOL | Notes |
|---|---|---|
| Mississippi | 3 years | Shortest in the nation for all debt types |
| New Hampshire | 3 years | Short for most consumer debts |
| Delaware | 3 years | Where most credit cards are incorporated |
| Maryland | 3 years | Strong consumer protections |
| New York | 3 years | Reduced from 6 years in 2020 |
| North Carolina | 3 years | Short for all debt types |
| South Carolina | 3 years | Short for all debt types |
States with the Longest Statute of Limitations
These states give collectors much more time to sue:
| State | Written Contract SOL | Notes |
|---|---|---|
| Rhode Island | 10 years | Longest for all debt types |
| West Virginia | 10 years | Long for most debts |
| Louisiana | 10 years | Civil law state (different legal system) |
| Kentucky | 5-15 years | 15 years for promissory notes |
| Vermont | 6-14 years | 14 years for promissory notes |
Time-Barred Debt: What Collectors Can and Can't Do
Once the statute of limitations expires, debt collectors:
Can Still:
- Call and send letters asking you to pay
- Report the debt to credit bureaus (for up to 7 years from first delinquency)
- Accept voluntary payments from you
- File a lawsuit (but you can raise the SOL defense)
Cannot:
- Win a lawsuit if you raise the statute of limitations defense
- Threaten to sue you for time-barred debt (this violates the FDCPA)
- Misrepresent the legal status of the debt
- Continue calling if you send a cease and desist letter
⚠️ Warning: Collectors sometimes sue anyway, hoping you won't respond. If you receive a lawsuit summons for old debt, ALWAYS respond and raise the statute of limitations as an affirmative defense. If you don't respond, they can get a default judgment against you.
How to Use the Statute of Limitations to Your Advantage
If the Debt Is Past the SOL:
- Don't acknowledge or pay anything — this could restart the clock
- Send a debt validation letter — request proof of the debt within 30 days of contact
- Send a cease and desist letter — if they continue contacting you
- If sued, respond immediately — raise the statute of limitations as an affirmative defense
- Consider filing an FDCPA complaint — if they threatened to sue on time-barred debt
If the Debt Is Still Within the SOL:
- Verify the debt is yours — request validation before any payment
- Check the exact amount — interest and fees may have inflated it illegally
- Negotiate a settlement — collectors often accept 25-50% of the balance
- Get everything in writing — never pay without a written settlement agreement
- Consider pay-for-delete — negotiate removal from your credit report
Need Help with Old Debt?
Use our free tools to check your state's statute of limitations, validate questionable debts, or generate settlement letters.
FAQ: Statute of Limitations on Debt
Can I be arrested for not paying a debt after the statute of limitations?
No. You cannot be arrested for unpaid consumer debt (credit cards, medical bills, personal loans) regardless of the statute of limitations. Debt collection is a civil matter, not criminal. The only debts that can lead to arrest are court-ordered obligations like child support, alimony, or certain tax debts.
Does the statute of limitations apply if I move to another state?
This is complex. Generally, the statute of limitations from the state where you signed the contract or where the creditor is located may apply. However, if you're sued, the court will apply conflict-of-law rules to determine which state's SOL applies. If you move, consult a local attorney.
What if I'm being sued for debt that's past the statute of limitations?
You must respond to the lawsuit and raise the statute of limitations as an "affirmative defense." If you don't respond, the court can enter a default judgment against you regardless of the SOL. Consider consulting a consumer protection attorney — many offer free consultations and may take your case on contingency if the collector violated the FDCPA.
Does paying time-barred debt restart the statute of limitations?
In most states, yes. Making any payment or acknowledging the debt in writing can restart the clock, giving collectors a fresh time period to sue you. Some states (like California) have laws limiting this, but you should never assume. Always check your state's specific rules before paying old debt.