Statute of Limitations on Debt by State: Is Your Debt Too Old to Collect?
Debt collectors cannot sue you after the statute of limitations expires. If your debt is past the deadline, they may still try to collect — but they cannot win in court. This is called "time-barred debt," and millions of people are being pursued for it right now.
Here's how to find out if your debt is time-barred and what to do if it is.
What Is the Statute of Limitations on Debt?
The statute of limitations is a legal deadline. After this time passes, a debt collector loses the right to sue you in court to collect the debt. The clock typically starts on the date of your last payment or last activity on the account.
The statute of limitations doesn't make the debt disappear. Collectors can still:
- +Contact you and attempt to collect
- +Report the debt to credit bureaus (for up to 7 years from the date of default)
- +Attempt to get you to make a payment
What they cannot do is win a lawsuit after the deadline has passed. And in some states, if they sue anyway and you raise the statute of limitations as a defense, you win automatically.
Critical warning: Making any payment on a time-barred debt — even a small one — can restart the statute of limitations in many states, giving collectors fresh legal power to sue. Do not pay anything on an old debt without understanding where you stand.
Statute of Limitations by State (Written Contracts and Credit Card Debt)
| State | Written Contracts | Open Accounts (Credit Cards) | |---|---|---| | Alabama | 6 years | 6 years | | Alaska | 3 years | 3 years | | Arizona | 6 years | 6 years | | Arkansas | 5 years | 5 years | | California | 4 years | 4 years | | Colorado | 6 years | 6 years | | Connecticut | 6 years | 6 years | | Delaware | 3 years | 3 years | | Florida | 5 years | 5 years | | Georgia | 6 years | 6 years | | Hawaii | 6 years | 6 years | | Idaho | 5 years | 4 years | | Illinois | 5 years | 5 years | | Indiana | 6 years | 6 years | | Iowa | 5 years | 5 years | | Kansas | 5 years | 3 years | | Kentucky | 5 years | 5 years | | Louisiana | 3 years | 3 years | | Maine | 6 years | 6 years | | Maryland | 3 years | 3 years | | Massachusetts | 6 years | 6 years | | Michigan | 6 years | 6 years | | Minnesota | 6 years | 6 years | | Mississippi | 3 years | 3 years | | Missouri | 5 years | 5 years | | Montana | 5 years | 5 years | | Nebraska | 5 years | 5 years | | Nevada | 6 years | 6 years | | New Hampshire | 3 years | 3 years | | New Jersey | 6 years | 6 years | | New Mexico | 6 years | 6 years | | New York | 3 years | 3 years | | North Carolina | 3 years | 3 years | | North Dakota | 6 years | 6 years | | Ohio | 6 years | 6 years | | Oklahoma | 5 years | 3 years | | Oregon | 6 years | 6 years | | Pennsylvania | 4 years | 4 years | | Rhode Island | 10 years | 10 years | | South Carolina | 3 years | 3 years | | South Dakota | 6 years | 6 years | | Tennessee | 6 years | 6 years | | Texas | 4 years | 4 years | | Utah | 6 years | 6 years | | Vermont | 6 years | 6 years | | Virginia | 5 years | 3 years | | Washington | 6 years | 6 years | | West Virginia | 10 years | 6 years | | Wisconsin | 6 years | 6 years | | Wyoming | 8 years | 8 years |
Note: Laws change. Confirm your state's current statute of limitations before making any decisions about your debt.
California: 4 Years for Most Consumer Debt
California has a 4-year statute of limitations on written contracts, including credit card agreements and most consumer debt (California Code of Civil Procedure § 337).
The clock starts from the date of your last payment or last account activity. If it's been more than 4 years since your last payment on the account, a collector filing a lawsuit against you in California is filing a suit they cannot win.
If they sue anyway, you raise the statute of limitations as an affirmative defense and the case is dismissed.
What Is "Zombie Debt"?
Zombie debt is old, time-barred debt that collectors attempt to revive by:
- +Contacting you and hoping you don't know the debt is expired
- +Getting you to make a small "good faith payment" that restarts the clock
- +Requesting a written payment arrangement that restarts the clock
- +Threatening a lawsuit they legally can't win
This is a widespread practice. Large debt buyers purchase portfolios of old debt cheaply knowing that a percentage of consumers will pay without ever questioning whether the debt is collectible.
Never make a payment on a debt without knowing the date of your last payment on the original account. That date determines whether they can still sue you.
What to Do If Your Debt Is Time-Barred
Do not pay anything. Even a $1 payment or a verbal promise to pay can restart the statute of limitations in many states.
Send a debt validation letter. Under FDCPA § 1692g, they must prove the debt is real and that they have the right to collect it. A time-barred debt is often impossible to verify because the documentation is too old.
Send a cease and desist. Under § 1692c(c), you can force all contact to stop entirely. If they sue after receiving your cease and desist, that's an FDCPA violation.
Know your state's rule on SOL restart. In California, a payment, partial payment, or written acknowledgment restarts the 4-year clock. A verbal acknowledgment on the phone does not — but verbal promises to pay may. Do not discuss payment arrangements without understanding this.
DebtStrike generates a Debt Validation + Cease and Desist letter that covers both protections in one document.
Frequently Asked Questions
Does the statute of limitations affect my credit report?
No — these are separate clocks. The statute of limitations determines how long collectors can sue you. Negative information can appear on your credit report for 7 years from the date of first delinquency under the Fair Credit Reporting Act (FCRA). A debt that's past the statute of limitations can still show on your credit report for a while longer.
What if the collector sues me anyway?
You must respond to the lawsuit. If you ignore it, the collector wins a default judgment — even if the debt is time-barred. The statute of limitations is an affirmative defense, meaning you have to raise it. Show up to court and assert it. Consider consulting a consumer protection attorney.
Which state's statute of limitations applies?
Generally, the state where you live when the lawsuit is filed, or the state specified in the original credit agreement. Some creditors include choice-of-law clauses specifying Delaware or another state with a longer SOL. This can affect which deadline applies — another reason to consult an attorney if you're facing a lawsuit.
Can a collector try to collect even if the debt is time-barred?
Yes — unless you've sent a cease and desist. But they cannot threaten to sue or imply they can take legal action on a time-barred debt, because that's a false threat — and a false threat is an FDCPA violation under § 1692e.
Nothing on this page is legal advice. This is plain-language information about legal concepts affecting consumer debt. Statute of limitations laws vary by state and can change. Confirm your state's current law before taking action.