What Is the Statute of Limitations on Debt?
The statute of limitations (SOL) is the maximum time period during which a creditor or debt collector can file a lawsuit to collect a debt. After this period expires, the debt becomes "time-barred" — meaning:
- Collectors can still contact you and request payment
- They can still report to credit bureaus (within the 7-year credit reporting window)
- They cannot successfully sue you — if you raise the SOL as a defense
- Filing suit on time-barred debt may violate the FDCPA — the federal Fair Debt Collection Practices Act
Complete Chart: All 50 States by Debt Type
Statute of limitations varies by state AND by debt type. Most states have different limits for written contracts, oral agreements, promissory notes, and open-ended accounts (credit cards).
| State | Oral Contract | Written Contract | Promissory Note | Open Account (Credit Card) |
|---|---|---|---|---|
| Alabama | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Alaska | 6 yrs | 6 yrs | 6 yrs | 3 yrs |
| Arizona | 3 yrs | 6 yrs | 6 yrs | 6 yrs |
| Arkansas | 5 yrs | 5 yrs | 5 yrs | 5 yrs |
| California | 2 yrs | 4 yrs | 4 yrs | 4 yrs |
| Colorado | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Connecticut | 3 yrs | 6 yrs | 6 yrs | 6 yrs |
| Delaware | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| Florida | 4 yrs | 5 yrs | 5 yrs | 5 yrs |
| Georgia | 4 yrs | 6 yrs | 6 yrs | 6 yrs |
| Hawaii | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Idaho | 5 yrs | 5 yrs | 5 yrs | 5 yrs |
| Illinois | 5 yrs | 10 yrs | 10 yrs | 5 yrs |
| Indiana | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Iowa | 5 yrs | 10 yrs | 10 yrs | 5 yrs |
| Kansas | 3 yrs | 5 yrs | 5 yrs | 5 yrs |
| Kentucky | 5 yrs | 15 yrs | 5 yrs | 5 yrs |
| Louisiana | 3 yrs | 10 yrs | 10 yrs | 3 yrs |
| Maine | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Maryland | 3 yrs | 3 yrs | 6 yrs | 3 yrs |
| Massachusetts | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Michigan | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Minnesota | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Mississippi | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| Missouri | 5 yrs | 10 yrs | 10 yrs | 5 yrs |
| Montana | 5 yrs | 8 yrs | 8 yrs | 5 yrs |
| Nebraska | 4 yrs | 5 yrs | 5 yrs | 5 yrs |
| Nevada | 4 yrs | 6 yrs | 6 yrs | 6 yrs |
| New Hampshire | 3 yrs | 3 yrs | 6 yrs | 3 yrs |
| New Jersey | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| New Mexico | 4 yrs | 6 yrs | 6 yrs | 6 yrs |
| New York | 6 yrs | 6 yrs | 6 yrs | 3 yrs |
| North Carolina | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| North Dakota | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Ohio | 6 yrs | 15 yrs | 15 yrs | 6 yrs |
| Oklahoma | 5 yrs | 5 yrs | 5 yrs | 5 yrs |
| Oregon | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Pennsylvania | 4 yrs | 4 yrs | 4 yrs | 4 yrs |
| Rhode Island | 10 yrs | 10 yrs | 10 yrs | 10 yrs |
| South Carolina | 3 yrs | 3 yrs | 3 yrs | 3 yrs |
| South Dakota | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Tennessee | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Texas | 4 yrs | 4 yrs | 4 yrs | 4 yrs |
| Utah | 4 yrs | 6 yrs | 6 yrs | 6 yrs |
| Vermont | 6 yrs | 6 yrs | 6 yrs | 6 yrs |
| Virginia | 5 yrs | 5 yrs | 6 yrs | 5 yrs |
| Washington | 3 yrs | 6 yrs | 6 yrs | 6 yrs |
| West Virginia | 5 yrs | 10 yrs | 10 yrs | 10 yrs |
| Wisconsin | 6 yrs | 6 yrs | 10 yrs | 6 yrs |
| Wyoming | 8 yrs | 10 yrs | 10 yrs | 8 yrs |
When Does the SOL Clock Start?
Understanding when the statute of limitations begins is crucial. States use different starting points:
- Date of last payment — Most common. The clock starts from your last payment or account activity.
- Date of first delinquency — Used in California and some other states. The clock starts when you first fell behind.
- Date of charge-off — Used in New York. The clock starts when the creditor writes off the debt.
- Date of breach — When you failed to make a required payment under the agreement.
What Resets (Tolls) the Statute of Limitations?
In most states, certain actions can restart the SOL clock, giving collectors a brand new time period to sue you:
- Making any payment — Even $1 can reset the clock in most states
- Written acknowledgment of debt — Admitting in writing that you owe the debt
- Entering a payment agreement — Setting up a payment plan, then defaulting
- Reaffirming debt in bankruptcy — Signing a reaffirmation agreement
- Moving out of state — Time spent outside the state may not count toward SOL
Zombie Debt: When Collectors Resurrect Old Debts
"Zombie debt" is time-barred debt that debt buyers purchase for pennies on the dollar and attempt to collect. They profit by convincing people to pay debts that are legally unenforceable.
Common Zombie Debt Tactics
- Offering "settlement" on old debt — They want you to make a payment and restart the SOL
- Filing lawsuits hoping you won't respond — Many people ignore lawsuits; collectors win by default
- Using threatening collection language — Implying legal action they cannot actually take
- Re-aging debt on credit reports — Illegal, but it happens — making old debt appear newer
How to Fight Zombie Debt
- Do NOT make any payment until you verify the debt and check the SOL
- Send a debt validation letter within 30 days of first contact (FDCPA right)
- Calculate the SOL based on your last payment date and state law
- If time-barred, send a cease contact letter — Collectors must stop calling
- If sued, respond and assert SOL defense — It does not happen automatically
- Report FDCPA violations — File with CFPB at consumerfinance.gov
How the FDCPA Protects You
The federal FDCPA Fair Debt Collection Practices Act provides critical protections:
- Debt validation right — Collectors must prove the debt is yours within 30 days of your request
- Prohibition on harassment — No calls before 8am/after 9pm, no threats, no abuse
- Cannot sue on time-barred debt — Filing suit on expired SOL debt may violate FDCPA
- Must identify as debt collector — Cannot pretend to be law enforcement or original creditor
- Damages for violations — Up to $1,000 per violation plus attorney fees
Credit Report vs. Statute of Limitations
These are two separate timelines that people often confuse:
| Factor | Credit Report (FCRA) | Statute of Limitations |
|---|---|---|
| Duration | 7 years from first delinquency | 3-15 years (varies by state/debt type) |
| What it affects | Credit score, loan approvals | Legal right to sue in court |
| Governed by | Federal law (FCRA) | State law |
| Payments affect it? | No — 7 years from first delinquency | Yes — payments can restart the clock |
| Can be disputed? | Yes, via credit bureaus | Yes, as court defense |
State Highlights: Consumer-Friendly vs. Creditor-Friendly
Most Consumer-Friendly States (Short SOL)
| State | Credit Card SOL | Special Protections |
|---|---|---|
| Mississippi | 3 years | Shortest SOL for all debt types |
| New Hampshire | 3 years | No state income tax + short SOL |
| North Carolina | 3 years | Strong wage garnishment protections |
| South Carolina | 3 years | No wage garnishment allowed |
| New York | 3 years | Reduced from 6 years in 2020; requires SOL disclosure |
Most Creditor-Friendly States (Long SOL)
| State | Credit Card SOL | Notes |
|---|---|---|
| Rhode Island | 10 years | Longest uniform SOL |
| West Virginia | 10 years | 10 years for credit cards specifically |
| Kentucky | 5-15 years | 15 years for written contracts |
| Ohio | 6-15 years | 15 years for written contracts |
| Wyoming | 8-10 years | 10 years for written contracts |
What to Do When Collectors Call About Old Debt
- Stay calm and don't admit anything — Do not say "I owe this" or "I'll pay"
- Ask for key information — Original creditor, last payment date, current balance
- Do NOT make any payment until you've calculated the SOL
- Check your state's statute of limitations — Use our SOL calculator
- If within SOL — Decide: negotiate, dispute, or ignore
- If past SOL — Send validation letter, then cease contact letter if needed
- If sued — Respond within deadline (usually 20-30 days) and assert SOL defense
Related Resources
Free RecoverKit Tools
Frequently Asked Questions
What is the statute of limitations on debt?
The statute of limitations on debt is the legal time limit during which a creditor can sue you to collect a debt. Once this period expires, the debt becomes "time-barred" — meaning collectors can still ask for payment, but they cannot successfully sue you. The time limit varies by state and debt type, typically ranging from 3 to 10 years.
Can debt collectors sue me after the statute of limitations expires?
Collectors can still file a lawsuit after the statute of limitations expires, but you can raise the expired statute as an affirmative defense and the court should dismiss the case. However, you must respond to the lawsuit and assert this defense — it does not happen automatically. Ignoring a lawsuit on time-barred debt can result in a default judgment against you.
What actions can reset the statute of limitations clock?
In most states, making any payment (even $1), providing written acknowledgment of the debt, entering a payment agreement, or reaffirming the debt in bankruptcy can reset the statute of limitations clock. This gives collectors a new full time period to sue you. Never make a payment on old debt without first checking your state's statute of limitations.
Does the statute of limitations apply to student loans?
Private student loans are subject to state statute of limitations laws, typically 3-10 years depending on your state. However, federal student loans have no statute of limitations — the government can collect indefinitely through wage garnishment, tax refund offsets, and Social Security offsets.
Can I remove time-barred debt from my credit report?
Time-barred debt can remain on your credit report for up to 7 years from the date of first delinquency, regardless of the SOL. However, if the debt is inaccurate, incomplete, or cannot be verified, you can dispute it with the credit bureaus under the FCRA and potentially have it removed.