What Are the Statute of Limitations of Old Debts In Each State?

When it comes to debt collection, time is everything. Creditors don’t have forever to sue you for unpaid credit card debt. That’s where the statute of limitations comes in—a set of laws that defines how long a lender or collection agency can take legal action to recover a debt. 

If you’re a credit repair professional or a consumer trying to understand your rights, this guide explains what statutes of limitations mean, how they work in each state, and what happens if a debt becomes “time-barred.” 

🕒 What Is the Statute of Limitations on Debt? 

The statute of limitations is a legal time limit that dictates how long a creditor or debt collector has to file a lawsuit to collect a debt. This limit does not erase the debt, but it prevents a creditor from using the courts to force payment once that time has expired. 

Generally, this window ranges from 3 to 6 years, depending on the type of debt and the state. After the time expires, the debt becomes “time-barred.” 

🧾 Types of Debt and Their Legal Time Frames 

Each state categorizes debt differently, and statutes of limitations vary based on these types: 

• Open-ended accounts: Like credit cards or lines of credit with no fixed term. 
• Written contracts: Formal signed agreements with repayment terms. 
• Oral contracts: Verbal agreements that are legally binding but harder to prove. 
• Promissory notes: A signed document agreeing to repay a sum by a specific date. 

Open-ended accounts (credit cards) generally have shorter statutes of limitations than written or promissory note debts. 

📊 State-by-State Statute of Limitations for Credit Card Debt 

Here’s a breakdown of how long creditors have to sue for open-ended accounts (credit cards) in each state: 

State	Written Contracts	Oral Contracts	Promissory Notes	Open-Ended Accounts (Credit Cards)
Alabama	6	6	6	3
Alaska	6	6	3	3
Arizona	6	3	6	6
Arkansas	5	3	5	5
California	4	2	4	4
Colorado	6	6	6	6
Connecticut	6	3	6	6
Delaware	3	3	3	4
D.C.	3	3	3	3
Florida	5	4	5	5
Georgia	6	4	6	6
Hawaii	6	6	6	6
Idaho	5	4	5	4
Illinois	10	5	10	5
Indiana	10	5	10	6
Iowa	10	5	10	5
Kansas	5	3	5	3
Kentucky	10	5	15	10
Louisiana	10	10	10	3
Maine	6	6	20	6
Maryland	3	3	6	3
Massachusetts	6	6	6	6
Michigan	6	6	6	6
Minnesota	6	6	6	6
Mississippi	3	3	3	3
Missouri	10	5	10	5
Montana	8	5	8	5
Nebraska	5	4	5	4
Nevada	6	4	3	4
New Hampshire	3	3	6	3
New Jersey	6	6	6	6
New Mexico	6	4	6	4
New York	3	3	3	3
North Carolina	3	3	5	3
North Dakota	6	6	6	6
Ohio	6	4	8	6
Oklahoma	5	3	6	3
Oregon	6	6	6	6
Pennsylvania	4	4	4	4
Rhode Island	4	10	10	10
South Carolina	3	3	3	3
South Dakota	6	6	6	6
Tennessee	6	6	6	6
Texas	4	4	4	4
Utah	6	4	6	4
Vermont	6	6	14	6
Virginia	5	3	6	3
Washington	6	3	6	6
West Virginia	10	5	6	5
Wisconsin	6	6	10	6
Wyoming	10	8	10	8

 ⚠️ What Can Restart the Clock? 

Some actions can reset the statute of limitations on a debt, including: 

• Making a partial payment 
• Acknowledging the debt in writing 
• Agreeing to a payment plan 

These actions can reopen the window for legal action, so be cautious when communicating with collectors. 

⚖️ Can You Be Sued After the Statute of Limitations? 

Technically, yes. Debt collectors can still sue, even after the time limit has expired. However, you can use the “time-barred” defense—but only if you show up to court. If you ignore the court notice, you could automatically lose the case. 

🛡 Your Rights Under FDCPA 

Even for time-barred debts, the Fair Debt Collection Practices Act (FDCPA) still applies. Collectors cannot: 

• Harass or threaten you 
• Claim legal action is coming when it’s not 
• Lie about the debt 

You can send a cease communication letter to stop further contact. 

🧾 Does Old Debt Stay on Your Credit Report? 

Yes. Debt remains on your credit report for 7 years, regardless of whether it’s time-barred or not. Over time, it has less impact on your score, but it doesn’t disappear until the 7-year mark. 

💼 What If There’s a Judgment? 

If a debt goes to court before the statute expires, the judge can issue a judgment—which often lasts longer and can lead to wage garnishment or property seizure. Statutes on judgments vary by state and can last 3 to 21 years, sometimes renewable. 

🧠 Final Thoughts 

Knowing the statute of limitations in your state is key to managing debt and protecting your rights. It doesn’t erase your obligation—but it can shield you from legal consequences if the clock has run out. 

Always verify any debt, keep detailed records, and consult a consumer attorney if you’re unsure how to proceed. 

Frequently Asked Questions (FAQs)

• 1. Does the statute of limitations erase my debt?

No. The statute of limitations doesn’t eliminate the debt—it only limits how long a creditor or debt collector can sue you in court. You may still owe the money, and it can still appear on your credit report for up to 7 years.

• 2. Can a debt collector restart the statute of limitations?

Yes. Certain actions—like making a payment, acknowledging the debt in writing, or agreeing to a payment plan—can restart the clock. This gives the collector a new window to sue, so always consult a professional before engaging.

• 3. Can I be sued for time-barred debt?

Technically, yes. A debt collector can still sue you even after the statute of limitations has expired. However, you can use the “time-barred” defense—if you appear in court. Ignoring the lawsuit could result in a default judgment.