Statute of Limitations on Debt by State
Every state sets a time limit on how long a debt collector can sue you to collect a debt. Once that period expires, the debt is “time-barred” — and suing to collect it is an FDCPA violation.
What Is a Time-Barred Debt?
A time-barred debt is one where the statute of limitations has expired. Collectors can still attempt to collect — but they cannot sue you, and threatening to sue on a time-barred debt is itself an FDCPA violation. Some states also prohibit collectors from even asking you to pay a time-barred debt without disclosing that they can't sue.
Warning: Making a Payment Can Reset the Clock
In most states, making any payment on a time-barred debt — even $1 — restarts the statute of limitations. Verbally acknowledging the debt may also reset it. Never pay or acknowledge an old debt without understanding your state's laws first.
When Does the Clock Start?
The statute of limitations typically starts from the date of your last payment or the date you first defaulted on the account — whichever is later. This date is called the “date of last activity.” It does NOT start when the debt was sold to a collection agency.
Statute of Limitations by State
For credit card and open-end accounts (the most common). Limits for written contracts and promissory notes may differ.
| State | Years |
|---|---|
| Alabama | 6 years |
| Alaska | 3 years |
| Arizona | 6 years |
| Arkansas | 5 years |
| California | 4 years |
| Colorado | 6 years |
| Connecticut | 6 years |
| Delaware | 3 years |
| Florida | 5 years |
| Georgia | 6 years |
| Hawaii | 6 years |
| Idaho | 5 years |
| Illinois | 5 years |
| Indiana | 6 years |
| Iowa | 5 years |
| Kansas | 5 years |
| Kentucky | 5 years |
| Louisiana | 3 years |
| Maine | 6 years |
| Maryland | 3 years |
| Massachusetts | 6 years |
| Michigan | 6 years |
| Minnesota | 6 years |
| Mississippi | 3 years |
| Missouri | 5 years |
| Montana | 5 years |
| Nebraska | 5 years |
| Nevada | 6 years |
| New Hampshire | 3 years |
| New Jersey | 6 years |
| New Mexico | 6 years |
| New York | 3 years |
| North Carolina | 3 years |
| North Dakota | 6 years |
| Ohio | 6 years |
| Oklahoma | 5 years |
| Oregon | 6 years |
| Pennsylvania | 4 years |
| Rhode Island | 10 years |
| South Carolina | 3 years |
| South Dakota | 6 years |
| Tennessee | 6 years |
| Texas | 4 years |
| Utah | 6 years |
| Vermont | 6 years |
| Virginia | 5 years |
| Washington | 6 years |
| West Virginia | 10 years |
| Wisconsin | 6 years |
| Wyoming | 8 years |
These figures are for informational purposes only and may not reflect recent legislative changes. Consult an attorney for legal advice specific to your situation.
If a Collector Threatens to Sue on a Time-Barred Debt
Threatening legal action on a debt past the statute of limitations violates the FDCPA under 15 U.S.C. § 1692e. You can report this to the CFPB, your state attorney general, and potentially sue the collector for up to $1,000 in statutory damages plus attorney's fees.
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