Statutes of limitations are established to protect debtors from being exposed to debt collectors or creditors for a specific length of time and prevent those debtors from being exposed to legal actions for old debts.
What Is the Statute of Limitations for Debt?
The statute of limitations for debt is the amount of time during which a creditor is legally entitled to pursue collection actions against a debtor for an unpaid debt. A debt is considered past the statute of limitation when the creditor is no longer legally allowed to pursue the debt through the court system.
How Is Determined the Statute of Limitations on Debt Collection?
The statute of limitations on debt collection is determined by two factors:
1. The type of debt, and
2. The state in which the debt was incurred or specified in the contract.
Therefore, the type of debt within the scope of the statute of limitations will depend on how the debt was created and the applicable law from the particular state. For example, it could be debt on a written contract, oral contract, debt account, or even promissory notes. In addition, it is important to know that the debt for a judgment obtained against you may have a different statute of limitations than a debt collection such as credit cards.
The following chart lists the statute of limitations for each state. To know if your debt is time-barred you must be aware of the specific laws for your jurisdiction.
State Collection of Debt on an Account Source For more information available:
| state | Collection of Debt on an Account | Source | For more information available |
| Alabama | For a collection of debt on an open unliquidated account, the statute of limitations is 3 years. For a collection of debt on a liquidated account, the statute of limitations is 6 years. | Ala. Code § 6-2-1 | Code Of Alabama (state.al.us) |
| Alaska | The statute of limitations is 10 years. | A.S. § 09.10.100 | Alaska Statutes 2022 (akleg.gov) |
| Arizona | The statute of limitations is 3 years. | A.R.S. § 12-543(2) | https://www.azleg.gov/ars/12/00543.htm |
| Arkansas | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years. | Ark. Code Ann. §16-56-111; Ark. Code Ann. §16-56-111 | Code Sections Amended – Arkansas State Legislature |
| California | The statute of limitations is 4 years. | C.A. Civ. Proc. § 337 | California Code of Civil Procedure Section 337 (public.law) |
| Colorado | The statute of limitations is 6 years. | CO. Rev. Stat. § 13-80-103.5 (2021) | Colorado Revised Statutes | Colorado General Assembly |
| Connecticut | The statute of limitations is 6 years. | CT. Gen. Stat. § 52-576 | Chapter 926 – Statute of Limitations (ct.gov) |
| Delaware | The statute of limitations is 3 years. | DE. Code § 8106 | Delaware Code Online |
| District of Columbia | The statute of limitations is 3 years. | D.C. § 12-301 (8) | § 12–301. Limitation of time for bringing actions. | D.C. Law Library (dccouncil.gov) |
| Florida | The statute of limitations is 5 years. | F.L. §95.11 | Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) |
| Georgia | The statute of limitations is 4 years. | O.C.G.A. § 9-3-25 | ga_code_25-9.pdf (state.ga.us) |
| Hawaii | The statute of limitations is 6 years. | Ha. § 657-1 | CHAPTER 657 (hawaii.gov) |
| Idaho | For collection of a debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of a debt on an account, where there is an oral agreement, the statute of limitations is 4 years. | Idaho Code §5-216 and 5-217 | Section 5-216 – Idaho State Legislature |
| Illinois | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 10 years.For collection of debt on an account, where is an oral agreement, the statute of limitations is 5 years. | 735 ILCS 5/13-206 | 735 ILCS 5/13-206 (ilga.gov) |
| Indiana | The statute of limitations is 6 years. | Ind. Code § 34-11-2-7 | IC 34-11-2-1 (in.gov) |
| Iowa | The statute of limitations is 5 years. | I.C.A. § 614.1(5)(b) | Iowa Code 2001: Section 614.1 |
| Kansas | For a collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For a collection of debt on an account, where is an oral agreement, the statute of limitations is 3 years. | K.S.A. § 60-511(1)); K.S.A. § 60-512(1)) | 60-511 (ksrevisor.org) |
| Kentucky | For a collection of debt on an account, where there is an agreement in writing celebrated after July 15, 2014, the statute of limitation is 10 years.For a collection of debt on an account, where there is an agreement in writing celebrated before July 15, 2014, the statute of limitations is 15 years.For a collection of debt on an account, where is an oral agreement, the statute of limitations is 5 years. | K.R.S. § 413.160; K.R.S. § 413.090) and K.R.S. § 413.120 (1) | statute.aspx (ky.gov) |
| Louisiana | The statute of limitations is 3 years. | L.A. Civ. Code § 3494(4) | Louisiana Laws – Louisiana State Legislature |
| Maine | The statute of limitations is 6 years. | M.R.S.A. Tit. 14 § 752 | Title 14, §752: Six years (mainelegislature.org) |
| Maryland | The statute of limitations is 3 years. | Cts. & Jud. Proc.§5-101 | View Document – Maryland Code and Court Rules (westlaw.com) |
| Massachusetts | The statute of limitations is 6 years. | MGL. Code 260, § 2 | General Law – Part III, Title V, Chapter 260, Section 2 (malegislature.gov) |
| Michigan | The statute of limitations is 6 years. | MLC §600.5813 | Michigan Legislature – Section 600.5813 |
| Minnesota | The statute of limitations is 6 years. | Minn. Stat. § 541.053 | Sec. 541.053 MN Statutes |
| Mississippi | The statute of limitations is 3 years. | Miss. Code § 15-1-29 | Mississippi Law | Michael Watson Secretary of state (ms.gov) |
| Missouri | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 10 years. | §516.10(1) | Missouri Revisor of Statutes – Revised Statutes of Missouri, RSMo, Missouri Law, MO Law, Joint Committee on Legislative Research |
| Montana | For collection of debts, where an agreement is in writing, the statute of limitations is 8 years.For such collections, where an agreement in writing cannot be found, the statute of limitations is 5 years. | M. Code Ann. §27-2-202(3). | 27-2-202. Actions based on contract or other obligation, MCA (mt.gov) |
| Nebraska | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 4 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 5 years. | Neb. §25-206 | Nebraska Legislature |
| Nevada | The statute of limitations is 4 years. | Nev. §11.190(2)(a) | NRS 11.190 – Periods of limitation. – Nevada Revised Statutes (public.law) |
| New Hampshire | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 20 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years. | N.H. §508:4 | Section 508:5 Specialties. (state.nh.us) |
| New Jersey | The statute of limitations is 6 years. | N.J.S.A §2A:14-1 | A2553 (njleg.gov) |
| New Mexico | The statute of limitations is 4 years. | NMS § 37-1-4 | New Mexico Statutes and Court Rules | Law Library (nmcourts.gov) |
| New York | The statute of limitations is 3 years. | N.Y. Civ. Prac. L. & R. §214-i | Legislation | NY State Senate (nysenate.gov) |
| North Carolina | The statute of limitations is 3 years. | N.C.G.S. § 1-52(1) | https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html#:~:text=§ 1-52. Three years. Within three years an,the preceding sections or in G.S. 1-53 %281%29. |
| North Dakota | The statute of limitations is 6 years. | N.D.C.C. § 28-01-16(1) | North Dakota Century Code t28c01 (ndlegis.gov) |
| Ohio | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 8 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 6 years. | OH. §2305.06 | Section 2305.06 – Ohio Revised Code | Ohio Laws |
| Oklahoma | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years. | Okla. Stat. tit. 12 § 95(2) and Okla. Stat. tit. 12 § 95(1) | OKLAHOMA STATUTES (oklegislature.gov) |
| Oregon | The statute of limitations is 6 years. | ORS. §12.080(2) | ORS 12.080 – Action on certain contracts or liabilities (public.law) |
| Pennsylvania | The statute of limitations is 4 years. | Pa. C.S. Tit. 42 § 5525 | Section 5525 – Title 42 – JUDICIARY AND JUDICIAL PROCEDURE (state.pa.us) |
| Rhode Island | The statute of limitations is 10 years. | R.I. Gen. L. § 9-1-13 | webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-13.HTM |
| South Carolina | The statute of limitations is 3 years. | S.C. Code § 15-3-530 | Code of Laws – Title 15 – Chapter 3 – Limitation Of Civil Actions (scstatehouse.gov) |
| South Dakota | The statute of limitations is 6 years. | S.D.C. § 15-2-13 | Codified Law 15-2-13 | South Dakota Legislature (sdlegislature.gov) |
| Tennessee | The statute of limitations is 6 years. | Tenn. Code Ann. § 28-3-109 | Tennessee Code – Lexis Law Link | Tennessee Administrative Office of the Courts (tncourts.gov) |
| Texas | The statute of limitations is 4 years. | T.C.P.R.C. § 16.004(a)(3) | Texas Civil Practice and Remedies Code Section 16.004 – Four-year Limitations Period (public.law) |
| Utah | The statute of limitations is 4 years. | U.C.A. § 78B-2-307 | Utah Code Section 78B-2-307 |
| Vermont | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 6 years. | V.S.A. Tit. 12 § 507 | Court Procedure (vermont.gov) |
| Virginia | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years. | V. §8.01-246(4) and to §8.01-246(2). | § 8.01-246. Personal actions based on contracts (virginia.gov) |
| Washington | The statute of limitations is 6 years. | R.C.W. § 4.16.040 (2) | RCW 4.16.040: Actions limited to six years. (wa.gov) |
| West Virginia | The statute of limitations is 5 years. | W.V. Code § 55-2-6 | West Virginia Code | §55-2 (wvlegislature.gov) |
| Wisconsin | The statute of limitations is 6 years. | Wis. Stat. § 893.43 | Wisconsin Legislature: 893.43 |
| Wyoming | For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 10 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 8 years. | W.Y. Stat. § 1-3-105(a)(I)) | Legislature of the State of Wyoming (wyoleg.gov) |
Must I Pay a Debt That Is Passed the Statute of Limitations?
After the statute of limitations has expired, the creditor is barred from attempting to take any legal action against you to recover the debt, and you are no longer legally required to pay for your outstanding debts. However, it is important to understand that said debt technically exists and the debtor may still try to contact you requesting payment. The Federal Trade Commission(“FTC”) points out that if a debtor agrees to payments agreements or even makes a payment for a debt that is statute-barred, in some states, the debt is revived. For instance, if you agree to make a payment for an old debt or acknowledge the debt in any way, the statute of limitations is reset, and the creditor is now legally allowed to sue you for the debt that is owed. Also, even if the debt is statute-barred this does not mean that the debt may still not lower your credit score or make it more difficult for you to get a new line of credit.
Attorney Mathew Higbee who has extensive experience representing clients with financial hardships says that “you must be aware of the statute of limitations on your unpaid debts to avoid restarting the clock because you could be exposed to costly consequences such as lawsuit, wage garnishments and negative credit scores”. It is crucial for you to protect yourself.
For more information, visit Debt Collection FAQs | Consumer Advice (ftc.gov)
How Should I Protect Myself?
There are a few important points that you need to know:
• Track the statute of limitations on your debts,
• Avoid making a payment on your debt with an approaching expiration date,
• Do not acknowledge any debt that is statute-barred, and
• Be careful how you communicate with your creditors to avoid resetting the clock.
If you are considering our debt relief program, it is important to be aware of the statute of limitations for your specific situation. Since the statute of limitations is complex and differs from state to state, our experienced attorneys are happy to help you and advise you about the best solution for your situation. If the statute of limitations has expired and a creditor tries to sue you, the best thing to do is contact one of our consumer attorneys at Advantage Law.
