A debt collector contacts you about an account from years ago. You are not sure whether they can still sue you. The answer depends on the statute of limitations in your state. That law sets the window during which a collector can file a lawsuit to recover that balance. Call +1-844-638-1122 for a free case review with The Wood Firm PLLC.
Key Takeaways
- The statute of limitations on debt is the window during which a creditor can sue you in court. It ranges from 3 to 10 years depending on your state and debt type.
- Once the window expires, the debt becomes time-barred. Collectors can still call, but they cannot win a lawsuit against you in most courts.
- Making a partial payment or acknowledging a debt in writing resets the clock in most states. Collectors then get a fresh window to sue.
- Texas is a notable exception: under Tex. Fin. Code § 392.207, a payment or reaffirmation no longer revives an expired statute of limitations as of 2019.
- The credit reporting clock and the lawsuit clock run separately. Under the FCRA, a debt can stay on your credit report for 7 years. That clock runs separately from the SOL.
- Suing on a time-barred debt is a potential FDCPA violation. A collector who sues after the deadline faces up to $1,000 in statutory damages plus attorney fees. Contingency means no upfront cost.
- The Wood Firm PLLC handles FDCPA and FCRA cases on contingency. If the collector violated federal law, they pay the fees..
Free Case Review: +1-844-638-1122
What Is the Statute of Limitations on Debt?
The statute of limitations on debt is the legal deadline for filing a lawsuit to collect an unpaid balance. Once that deadline passes, the debt is time-barred. The collector still owns it and can still call. But a court will dismiss a lawsuit they file if you raise the expired deadline as a defense.
The clock starts at the point of default. Per the FTC, that is the date of the first missed payment you never made up. Some states measure from the date of last activity on the account. That distinction matters, because even a small payment can move the clock forward in many states.
Creditors and collectors do not always tell you when the statute has expired. In our practice, we see collection letters and lawsuit threats on accounts that crossed the deadline years earlier. The collector is betting the consumer will not know to check.
How the Statute Differs by Debt Type
The limitations period varies by the type of agreement, not just by state. Most states distinguish between at least three categories: written contracts, open-end accounts (credit cards), and oral agreements.
Written contracts, including promissory notes, personal loans, and auto loan agreements, typically carry the longest limitations period. Most states treat credit cards as open-end accounts with their own separate period. Oral agreements, where no signed document exists, generally get the shortest window.
Medical debt falls under written contract rules in most states. A few states have added shorter periods for medical collections in recent years. Understanding which category your debt falls into changes the math on when the clock expires.
Statute of Limitations on Debt by State
The table below lists the limitations period for each state across the most common debt categories. Written contract figures apply to personal loans, auto loans, and similar signed agreements. Open account or credit card figures reflect how most states classify revolving credit. Where a state applies one period across all debt types, both columns show the same figure.
These figures reflect state civil codes and are current as of this article. State legislatures occasionally revise these periods. Confirm the current rule for your state before deciding anything about a debt.
| State | Written Contract | Open Account / Credit Card | Oral Agreement | Promissory Note |
|---|---|---|---|---|
| Alabama | 6 years | 6 years | 6 years | 6 years |
| Alaska | 3 years | 3 years | 3 years | 3 years |
| Arizona | 6 years | 6 years | 3 years | 6 years |
| Arkansas | 5 years | 5 years | 3 years | 5 years |
| California | 4 years | 4 years | 2 years | 4 years |
| Colorado | 6 years | 6 years | 6 years | 6 years |
| Connecticut | 6 years | 6 years | 3 years | 6 years |
| Delaware | 3 years | 3 years | 3 years | 3 years |
| Florida | 5 years | 5 years | 4 years | 5 years |
| Georgia | 6 years | 6 years | 4 years | 6 years |
| Hawaii | 6 years | 6 years | 6 years | 6 years |
| Idaho | 5 years | 5 years | 4 years | 5 years |
| Illinois | 5 years | 5 years | 5 years | 10 years |
| Indiana | 6 years | 6 years | 6 years | 10 years |
| Iowa | 5 years | 5 years | 5 years | 5 years |
| Kansas | 5 years | 3 years | 3 years | 5 years |
| Kentucky | 5 years | 5 years | 5 years | 5 years |
| Louisiana | 3 years | 3 years | 3 years | 3 years |
| Maine | 6 years | 6 years | 6 years | 6 years |
| Maryland | 3 years | 3 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 | 3 years | 3 years | 3 years |
| Missouri | 5 years | 5 years | 5 years | 10 years |
| Montana | 5 years | 5 years | 5 years | 5 years |
| Nebraska | 5 years | 5 years | 4 years | 5 years |
| Nevada | 6 years | 6 years | 6 years | 6 years |
| New Hampshire | 3 years | 3 years | 3 years | 6 years |
| New Jersey | 6 years | 6 years | 6 years | 6 years |
| New Mexico | 6 years | 6 years | 6 years | 6 years |
| New York | 3 years | 3 years | 6 years | 6 years |
| North Carolina | 3 years | 3 years | 3 years | 5 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 | 3 years | 5 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 | 4 years | 4 years |
| Utah | 6 years | 6 years | 4 years | 6 years |
| Vermont | 6 years | 6 years | 6 years | 14 years |
| Virginia | 5 years | 5 years | 3 years | 6 years |
| Washington | 6 years | 6 years | 3 years | 6 years |
| West Virginia | 10 years | 10 years | 5 years | 10 years |
| Wisconsin | 6 years | 6 years | 6 years | 6 years |
| Wyoming | 8 years | 8 years | 8 years | 8 years |
| District of Columbia | 3 years | 3 years | 3 years | 3 years |
A few entries deserve extra attention. Rhode Island and West Virginia both allow 10-year windows on written contracts and promissory notes. Collectors in those states can pursue a debt long after it would be time-barred elsewhere. Vermont carries a 14-year window on promissory notes specifically. Wyoming’s 8-year period applies broadly across debt types. Illinois and Indiana each allow 10 years on promissory notes despite shorter windows on other contract types.
In 2021, New York cut its statute of limitations on consumer debt from 6 years to 3 years. The change came through the Consumer Credit Fairness Act. A borderline New York debt under the old rules may already be time-barred under the new one. In our practice, we see New York collectors filing on accounts past the 3-year threshold. They count on the consumer not knowing the current rule.
When the Clock Starts on a Debt
The clock starts at the point of default. Per the Federal Trade Commission, that is the date of the first missed payment never cured. Some states measure from the date of last account activity. That can mean the last payment, last use, or charge-off date. It depends on how the state court reads the statute.
That difference can shift the expiration date by months or years. A collector who cites the charge-off date may use a later date than the actual first default. That extends the window they claim in court. At The Wood Firm PLLC, we compare account documents and payment history against state statute language. That comparison identifies which event starts the clock.
Dispute that starting date directly if a collector cites a triggering event you believe is incorrect. Once a consumer raises a specific legal challenge, the burden shifts. Collectors who cannot document the correct default date face significant exposure.
What Happens After the Statute Expires?
Once the statute expires, the debt is time-barred. The collector still owns the debt and can still contact you. But raise the expiration as a defense in court, and the court will typically dismiss the case.
The critical word is “appear.” Ignore a summons and the court may issue a default judgment against you. That happens regardless of whether the statute had expired. The defense only works if you show up and assert it. Filing after the deadline is also a potential FDCPA violation. The collector faces up to $1,000 in statutory damages, plus attorney fees and actual damages.
Collectors know the deadline in your state. Some still file anyway. They calculate that most consumers will not respond or will not know to raise the defense. If you receive a summons on an old debt, establish the date of your last payment first.
Can Collectors Still Call You About Time-Barred Debt
Yes, collectors can still call you about a time-barred debt. The FDCPA does not prohibit collection activity on expired accounts; it prohibits misrepresentation. A collector who threatens a lawsuit on a time-barred debt may violate 15 U.S.C. § 1692e. That provision bars false or misleading representations.
The CFPB’s Regulation F took effect in November 2021. It requires collectors to disclose that a debt is time-barred before accepting any payment. The disclosure states the collector cannot sue. It also notes that payment may restart the statute in some states.
If a collector called about a time-barred debt without that disclosure, the omission may support a federal claim. Save any voicemails and document the dates and content of every call.
How the Statute of Limitations and the Credit Report Clock Differ
The statute of limitations controls how long a collector can sue you. The credit reporting clock controls how long a negative item stays on your credit report. These two timelines run separately and do not affect each other.
Under the FCRA, a collection account stays on your credit report for 7 years from first delinquency. That period does not reset when a debt is sold. It does not extend when you make a payment. A collector who re-ages a debt on your credit report violates the FCRA.
A debt can be time-barred for lawsuit purposes and still legally reportable on your credit file. In that situation, the FDCPA addresses collection calls. The legal tool to address inaccurate credit reporting is the FCRA. Both federal statutes apply independently.
Actions That Can Reset the Statute of Limitations
Three actions restart the limitations clock in most states: making any payment, making a written acknowledgment of the debt, and signing a new payment agreement. Any one of these gives the collector a fresh full period to sue.
Texas is the most significant exception. Tex. Fin. Code § 392.207, enacted in 2019, bars payment or reaffirmation from reviving the limitations period on a time-barred debt. That gives Texas consumers stronger protection against zombie debt than most other states provide.
- Actions that reset the clock in most states: making a payment, written acknowledgment of the debt, signing a new repayment agreement
- Actions that do NOT reset the clock: disputing the debt in writing, requesting validation under the FDCPA, ignoring collection calls, sending a cease-and-desist letter
- Texas exception: Tex. Fin. Code § 392.207 bars revival by payment or reaffirmation. Confirm with an attorney before relying on this if your collector operates across state lines
Do not pay a debt near or past its limitations deadline without first confirming the triggering date, your state’s current statute, and whether revival is allowed. A $25 good-faith payment can cost you years of legal protection.
Which State’s Law Applies When You Have Moved
Most credit card agreements include a choice-of-law clause specifying which state governs disputes. Issuers frequently choose Delaware, South Dakota, or Utah because those states historically favored lenders. That clause may apply even if you live in a state with a shorter limitations period.
Without that clause, courts apply the law where the contract was formed or where the consumer lived at formation. Courts in different jurisdictions read this differently. Moving between states does not automatically reset the clock or switch the applicable law.
If you moved after defaulting and a collector cites a longer period from another state, that deserves legal review. Collectors sometimes cite the longer of two windows without disclosing the ambiguity.
Debts With No Statute of Limitations
Most consumer debts carry a statute of limitations. Several categories do not, or carry periods long enough to be effectively unlimited for most consumers.
- Federal student loans: No statute of limitations applies. The federal government collects through wage garnishment, tax refund offset, and Social Security offset without filing a lawsuit. No time limit applies.
- Federal tax debt: The IRS generally has 10 years from the date of assessment to collect. That clock tolls for bankruptcy and pending hearings. The effective collection window is longer in practice.
- Child support: No statute of limitations applies in most states. Unpaid child support can be collected indefinitely through wage garnishment, license suspension, and other enforcement mechanisms.
- Private student loans: State law governs these. Limitations periods typically run 3 to 6 years depending on the state.
- Court judgments: Once a creditor wins a judgment, the limitations period resets. Most states allow judgments to be renewed. A collector with a judgment against you operates under different rules than one collecting on an original account.
What to Do If a Debt Is Past the Statute of Limitations
The first step is to confirm the date of first delinquency. Request debt validation in writing. Under the FDCPA, the collector must stop collection activity until they verify the debt. Then compare that date against your state’s current limitations period for that debt type.
If the debt is time-barred, do not make any payment. Do not acknowledge the debt in writing. If you want the collector to stop calling, send a written cease-and-desist request. A collector who continues contacting you after that request violates the FDCPA, time-barred or not.
- Request written debt validation immediately upon contact
- Identify the date of first delinquency from your records or from the validation notice
- Compare that date to your state’s current statute for this debt type
- Do not pay, acknowledge, or enter any agreement on a potentially time-barred debt before consulting an attorney
- Send a written cease-and-desist request if you want calls to stop
- If a lawsuit arrives, respond and raise the expired statute as a defense. Do not ignore the summons
- If a collector sued on a time-barred debt, contact an FDCPA attorney immediately: that filing may itself be a violation
The FDCPA and Time-Barred Debt Litigation
Filing a lawsuit on a time-barred debt is a recognized FDCPA violation. The Seventh Circuit established this in Kimber v. Federal Financial Corp., 668 F.Supp. 1480. That court held that suing on a time-barred debt is an unfair practice under 15 U.S.C. § 1692f. Multiple circuit courts have affirmed this position in the years since. A successful claim recovers up to $1,000 in statutory damages, actual damages, and attorney fees from the collector. The case costs the consumer nothing.
Threatening to sue on a time-barred debt is a separate FDCPA violation under § 1692e(5). That provision bars threats of legal action the collector cannot lawfully take. If a letter or call threatened legal action on an old account, we request the communication date and statute expiration date on day one.
How The Wood Firm PLLC Handles Time-Barred Debt Cases
The Wood Firm PLLC represents consumers exclusively. We have never represented a creditor or a collection agency. When a client contacts us about an aggressively collected debt, we pull the validation documentation, account history, and call records. For time-barred debt cases, we check three things: whether the collector disclosed the limitations expiration under Regulation F, whether any lawsuit threat came after the deadline, and whether the credit reporting shows an accurate first delinquency date. Those are the points where violations concentrate. Those are the three points where violations most commonly appear.
The firm operates on a contingency basis. If a collector violated federal law, they pay the attorney fees and statutory damages, not you. There is no upfront cost. When you call, an attorney reviews your situation and identifies whether a federal claim exists. Reach the firm directly at +1-844-638-1122.
If a collector is pursuing a debt that may be time-barred in your state, visit our contact page for a free case review. The Wood Firm PLLC handles these cases on contingency. If the collector violated federal law, they pay our fees.
Frequently Asked Questions
What is the statute of limitations on debt
The statute of limitations on debt is the legal window during which a creditor or collector can sue you in court to collect an unpaid balance. Once that window closes, the debt is time-barred. A court will typically dismiss any lawsuit the collector files if you appear and raise the defense.
Debt statute of limitations by state
Limitations periods range from 3 years in states like Delaware, Louisiana, and South Carolina to 10 years in Rhode Island and West Virginia. The period varies by debt type. Written contracts, credit cards, and oral agreements often carry different deadlines within the same state. The full table above covers every state. the full table above for every state.
Can a debt collector take you to court after 7 years
Yes, a collector can file a lawsuit after 7 years if the applicable statute of limitations has not yet expired. The 7-year figure refers to credit reporting under the FCRA, not to the lawsuit deadline. Some states allow 8 to 10 years to sue, so the two clocks can overlap significantly.
How long can a debt collector legally pursue old debt in Texas
Texas law gives collectors 4 years to file a lawsuit under Tex. Civ. Prac. & Rem. Code § 16.004. After that deadline, the debt is time-barred. Texas also bars revival of an expired statute of limitations through payment or reaffirmation under Tex. Fin. Code § 392.207.
What to do if debt is past statute of limitations
Request written debt validation and confirm the date of first delinquency before taking any action. Do not pay or acknowledge the debt until you confirm it is time-barred and check whether your state allows revival. If a lawsuit arrives, respond and raise the expired statute as your defense.
Credit card statute of limitations by state
Credit card debt carries a limitations period of 3 years in states like New York, Delaware, and South Carolina, and 6 years in states like California, Colorado, Michigan, and Oregon. Some states apply the same period to credit cards as to written contracts; others classify revolving accounts separately. The table above shows both categories for every state.
What is the statute of limitations on debt in North Carolina
North Carolina sets a 3-year limitations period for most consumer debts, including credit cards and written contracts, under N.C. Gen. Stat. § 1-52. Promissory notes carry a 5-year period. A collector cannot win a lawsuit on a standard credit card account more than 3 years after default.
What is the statute of limitations on debt in South Carolina
South Carolina sets a 3-year limitations period for most consumer debts under S.C. Code Ann. § 15-3-530. That period applies to written contracts, open accounts, and credit cards. A debt that defaulted more than 3 years ago is time-barred in South Carolina regardless of how recently a new collector acquired the account.
What is the statute of limitations on debt in Tennessee
Tennessee sets a 6-year limitations period for written contracts under Tenn. Code Ann. § 28-3-109. Credit card accounts follow the same 6-year rule in most Tennessee courts. Oral agreements carry a shorter period. Confirm the debt type before determining whether your account has crossed the deadline.
Is there a statute of limitations on collecting a debt
Yes. Every consumer debt carries a statute of limitations that limits how long a collector can successfully sue in court. The period varies by state and debt type. After it expires, a collector can still contact you. They cannot win a court judgment if you appear and raise the defense.
When does debt expire
Debt expires for lawsuit purposes when the statute of limitations passes. The trigger date is typically the date of first default: the first missed payment never cured. In most states, making a payment or written acknowledgment after default restarts the clock. Consumer action can revive expired status in those states.
How long does a debt collector have to validate a debt
Under 15 U.S.C. § 1692g, a collector must send a written validation notice within 5 days of initial contact. If you dispute in writing within 30 days, the collector must cease collection activity until it verifies. A collector who skips the validation notice may face an independent FDCPA claim.
What to Do After a Collector Contacts You About an Old Debt
The first step is to establish the date of first delinquency before saying or writing anything else. That date, compared against your state’s current limitations period, tells you whether the collector can still sue. Do not confirm, dispute, or pay the debt until you have that answer.
If the debt is time-barred and the collector threatened or filed a lawsuit anyway, that conduct may already be an FDCPA violation. The Wood Firm PLLC reviews these situations at no charge and handles qualifying cases on contingency. Call +1-844-638-1122 to speak with the firm directly.
Jeff Wood represents consumers exclusively. He never represents creditors or collectors. He holds federal court admissions across 9 districts, including all courts of AR, CO, NM, and TX. He practices from Little Rock, AR.
