What Is the Statute of Limitations on Debt?
The statute of limitations (SoL) on debt is the period during which a creditor or collector can sue you in court to collect a debt. After this period expires, the debt becomes "time-barred" — they can still try to collect (call you, send letters), but they generally cannot win a lawsuit.
Important: The SoL does NOT eliminate the debt. You still owe it morally and contractually. It simply removes the creditor's legal remedy of suing you. The debt can still appear on your credit report for up to 7 years from the original delinquency date, regardless of the SoL.
Critical Warning: Restarting the Clock
In most states, making ANY payment on a time-barred debt can restart the statute of limitations clock — giving the collector a fresh period to sue you. Even a $1 payment. Similarly, making a written promise to pay may restart the clock in some states. Do not make any payment on an old debt without consulting an attorney first if you believe the SoL may have expired.
What the SoL Clock Starts From
The SoL clock typically starts from the date of your last payment or the date of first default — whichever is later. "Default" generally means the first missed payment that caused the account to become delinquent. This can vary by state and by the specific account agreement.
The CFPB has noted that collectors sometimes obscure the start date to make debts appear more recent than they are. If you're unsure of the original default date, check your oldest credit report (pull free reports at annualcreditreport.com).
Statute of Limitations by State (Credit Card Debt)
These are the credit card (written contract or open account) SoL for all 50 states. Use the SoL Checker Tool for a personalized calculation based on your last payment date.
| State | Years | Statute |
|---|---|---|
| Alabama | 6 | Ala. Code § 6-2-34 |
| Alaska | 3 | AS § 09.10.053 |
| Arizona | 6 | A.R.S. § 12-548 |
| Arkansas | 5 | Ark. Code § 16-56-111 |
| California | 4 | CCP § 337 |
| Colorado | 6 | C.R.S. § 13-80-103.5 |
| Connecticut | 6 | Conn. Gen. Stat. § 52-576 |
| Delaware | 3 | 10 Del. C. § 8106 |
| Florida | 5 | Fla. Stat. § 95.11(2)(b) |
| Georgia | 6 | O.C.G.A. § 9-3-24 |
| Hawaii | 6 | HRS § 657-1 |
| Idaho | 5 | Idaho Code § 5-216 |
| Illinois | 5 | 735 ILCS 5/13-205 |
| Indiana | 6 | Ind. Code § 34-11-2-9 |
| Iowa | 5 | Iowa Code § 614.1 |
| Kansas | 5 | K.S.A. § 60-512 |
| Kentucky | 5 | KRS § 413.120 |
| Louisiana | 3 | La. Civ. Code art. 3494 |
| Maine | 6 | 14 M.R.S. § 752 |
| Maryland | 3 | Md. Code, Cts. § 5-101 |
| Massachusetts | 6 | Mass. Gen. L. ch. 260, § 2 |
| Michigan | 6 | MCL § 600.5807 |
| Minnesota | 6 | Minn. Stat. § 541.05 |
| Mississippi | 3 | Miss. Code § 15-1-29 |
| Missouri | 5 | RSMo § 516.120 |
| Montana | 5 | Mont. Code § 27-2-202 |
| Nebraska | 5 | Neb. Rev. Stat. § 25-206 |
| Nevada | 6 | NRS § 11.190 |
| New Hampshire | 3 | RSA § 508:4 |
| New Jersey | 6 | N.J.S.A. § 2A:14-1 |
| New Mexico | 6 | NMSA § 37-1-3 |
| New York | 3 | CPLR § 214 (changed 2022) |
| North Carolina | 3 | N.C. Gen. Stat. § 1-52 |
| North Dakota | 6 | N.D. Cent. Code § 28-01-16 |
| Ohio | 6 | ORC § 2305.07 |
| Oklahoma | 5 | 12 O.S. § 95 |
| Oregon | 6 | ORS § 12.080 |
| Pennsylvania | 4 | 42 Pa. C.S. § 5525 |
| Rhode Island | 10 | R.I. Gen. Laws § 9-1-13 |
| South Carolina | 3 | S.C. Code § 15-3-530 |
| South Dakota | 6 | SDCL § 15-2-13 |
| Tennessee | 6 | Tenn. Code § 28-3-109 |
| Texas | 4 | CPRC § 16.004 |
| Utah | 6 | Utah Code § 78B-2-307 |
| Vermont | 6 | 12 V.S.A. § 511 |
| Virginia | 5 | Va. Code § 8.01-246 |
| Washington | 6 | RCW § 4.16.040 |
| West Virginia | 10 | W.Va. Code § 55-2-6 |
| Wisconsin | 6 | Wis. Stat. § 893.43 |
| Wyoming | 8 | Wyo. Stat. § 1-3-105 |
Want to know if YOUR debt is past the SoL? Use our free Statute of Limitations Checker — enter your state, debt type, and last payment date to get an answer in seconds.
What Happens When the SoL Expires
When the statute of limitations expires on a debt:
- The creditor or collector can still try to collect — they can call, write, and request payment
- They generally cannot sue you for the debt in court (though some collectors try anyway and rely on debtors not showing up to court to raise the SoL defense)
- If they sue you, you must raise the SoL as a defense by filing a response. If you don't show up to court, a default judgment can be entered against you even on a time-barred debt
- The debt may still appear on your credit report for up to 7 years from the original delinquency date
Collector Tactics with Old Debt
Some collectors specifically purchase old, time-barred debt for pennies on the dollar, hoping debtors don't know their rights. Common tactics:
- Sending a settlement offer that makes you believe you need to pay immediately
- Failing to disclose that the debt may be time-barred (many states now require this disclosure)
- Suing anyway and hoping you don't respond (leading to a default judgment)
Under FDCPA § 1692e, threatening to sue on a debt the collector knows is time-barred is a violation. Under the 2021 CFPB rules, collectors must disclose when a debt is time-barred if they know or should know it is.
Check Your SoL in Seconds
Enter your state, debt type, and last payment date. Our free checker tells you if the statute of limitations has expired.
Check My SoL →FAQ
Yes, in most states. Making any payment, even a small one, on a time-barred debt can restart the SoL clock from the date of that payment. This is one of the most important things to know about old debt. Never make a payment on very old debt without consulting an attorney first if you believe the SoL may have expired.
Technically, they can file a lawsuit — but you can raise the expired SoL as an affirmative defense. If you raise it, the case should be dismissed. The problem is that many people don't respond to lawsuits, and a default judgment can be entered. If you're sued on a debt you believe is time-barred, you must respond to the lawsuit and raise the defense. Consult an attorney immediately.
No. Federal student loans have no statute of limitations for collection by the federal government. The government can collect indefinitely through wage garnishment, tax refund offset, and Social Security offset without going to court. State SoL limits apply only to private student loans.
This is genuinely complex and varies by state. Generally, the SoL of either your current state or the state where the contract was formed may apply. Some states have "borrowing statutes" that apply the shorter of the two SoL periods. For a definitive answer on your specific situation, consult a consumer law attorney.