Know Your Rights

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.

StateYears
Alabama6 years
Alaska3 years
Arizona6 years
Arkansas5 years
California4 years
Colorado6 years
Connecticut6 years
Delaware3 years
Florida5 years
Georgia6 years
Hawaii6 years
Idaho5 years
Illinois5 years
Indiana6 years
Iowa5 years
Kansas5 years
Kentucky5 years
Louisiana3 years
Maine6 years
Maryland3 years
Massachusetts6 years
Michigan6 years
Minnesota6 years
Mississippi3 years
Missouri5 years
Montana5 years
Nebraska5 years
Nevada6 years
New Hampshire3 years
New Jersey6 years
New Mexico6 years
New York3 years
North Carolina3 years
North Dakota6 years
Ohio6 years
Oklahoma5 years
Oregon6 years
Pennsylvania4 years
Rhode Island10 years
South Carolina3 years
South Dakota6 years
Tennessee6 years
Texas4 years
Utah6 years
Vermont6 years
Virginia5 years
Washington6 years
West Virginia10 years
Wisconsin6 years
Wyoming8 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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