Statute of Limitations on Debt by State (Complete 2025 Guide)

Table of Contents

1. What Is the Statute of Limitations on Debt by State?
2. How Long Is the Statute of Limitations for Credit Card Debt in Each State?
3. What Is the Statute of Limitations for Written Contracts vs. Oral Agreements?
4. How Does the Statute of Limitations Work for Medical Debt?
5. What Happens When the Statute of Limitations Expires?
6. Can Making a Payment Restart the Statute of Limitations?
7. How to Check If Your Debt Is Time-Barred
8. What Are Your Rights When a Debt Collector Sues on an Expired Debt?
9. Complete State-by-State Statute of Limitations Table
10. Frequently Asked Questions

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What Is the Statute of Limitations on Debt by State?

The statute of limitations is the legal time limit a creditor has to sue you for unpaid debt. This clock typically starts ticking from the date of your first missed payment (the "default date"). Once this period passes, the debt becomes "time-barred," meaning the creditor can still call or write, but cannot win a lawsuit against you.

According to the Consumer Financial Protection Bureau (CFPB), approximately 1 in 3 Americans have debt in collections, with an average balance of $1,500. The Federal Trade Commission (FTC) reports that 70% of debt collection lawsuits result in default judgments—often because consumers don't know their rights regarding expired statutes.

Key nuance: The statute of limitations is not the same as the credit reporting time limit. Under the Fair Credit Reporting Act (FCRA), most negative information—including delinquent debts—must be removed after 7 years from the first delinquency. However, a debt can be "time-barred" for lawsuits but still appear on your credit report.

Actionable steps:

1. Determine your state's statute for your debt type using the table below
2. Check the date of your first missed payment on your credit report
3. Never acknowledge a debt in writing or make a partial payment unless you intend to restart the clock

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How Long Is the Statute of Limitations for Credit Card Debt in Each State?

Credit card debt is typically classified as an "open-ended account" or "revolving credit." Most states treat this as a written contract or open account, with statutes ranging from 3 to 10 years.

Table 1: Statute of Limitations for Credit Card Debt by State (2025)

State	Years	Debt Type Classification
Alabama	3	Open account
Alaska	6	Written contract
Arizona	6	Written contract
Arkansas	5	Written contract
California	4	Written contract (CCP §337)
Colorado	6	Written contract
Connecticut	6	Written contract
Delaware	3	Open account
Florida	5	Written contract
Georgia	6	Written contract
Hawaii	6	Written contract
Idaho	5	Written contract
Illinois	10	Written contract (735 ILCS 5/13-206)
Indiana	6	Written contract
Iowa	5	Written contract
Kansas	5	Written contract
Kentucky	10	Written contract (KRS §413.090)
Louisiana	3	Open account (La. CC §3494)
Maine	6	Written contract
Maryland	3	Open account (Courts & Jud. Proc. §5-101)
Massachusetts	6	Written contract
Michigan	6	Written contract
Minnesota	6	Written contract
Mississippi	3	Open account
Missouri	5	Written contract
Montana	8	Written contract
Nebraska	5	Written contract
Nevada	6	Written contract
New Hampshire	3	Open account
New Jersey	6	Written contract
New Mexico	6	Written contract
New York	6	Written contract (CVP §213)
North Carolina	3	Open account
North Dakota	6	Written contract
Ohio	8	Written contract (ORC §2305.06)
Oklahoma	5	Written contract
Oregon	6	Written contract
Pennsylvania	4	Written contract (42 Pa.C.S. §5525)
Rhode Island	10	Written contract
South Carolina	3	Open account
South Dakota	6	Written contract
Tennessee	6	Written contract
Texas	4	Written contract (Tex. Civ. Prac. & Rem. §16.004)
Utah	6	Written contract
Vermont	6	Written contract
Virginia	5	Written contract
Washington	6	Written contract
West Virginia	10	Written contract (W.Va. Code §55-2-6)
Wisconsin	6	Written contract
Wyoming	8	Written contract

Important: Some states, like Delaware and Maryland, have shorter 3-year limits for credit card debt because they classify it as an "open account." However, if your credit card agreement includes a "choice of law" clause specifying another state's laws, that may apply. The U.S. Supreme Court case Madison v. Resources (2019) ruled that courts must apply the state law specified in the contract, not necessarily your home state.

Actionable steps:

1. Check your credit card agreement for a "choice of law" clause
2. If you moved after the debt was incurred, the statute may apply from the state where the contract was signed
3. Consult a consumer attorney if you're sued—many offer free consultations

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What Is the Statute of Limitations for Written Contracts vs. Oral Agreements?

Debt is categorized into three types for statute purposes: written contracts, oral agreements, and promissory notes. Each has a different time limit.

Table 2: Statute of Limitations by Debt Type (Median Values)

Debt Type	Typical Statute Range	Median Years	Examples
Written contracts	3-10 years	6 years	Credit cards, mortgages, car loans, medical debt
Oral agreements	2-6 years	3 years	Verbal promises to pay, informal loans
Promissory notes	3-15 years	6 years	Signed loan documents, personal loans
Open-ended accounts	3-6 years	4 years	Credit cards, store charge cards
Judgment enforcement	5-20 years	10 years	Court judgments (can be renewed)

Key differences:

• Written contracts (e.g., a signed credit card application or loan agreement) have the longest statutes because they are easier to prove in court
• Oral agreements have shorter statutes because they are harder to verify—some states like Pennsylvania have no statute for oral contracts (meaning they are unenforceable after a reasonable time)
• Promissory notes (e.g., a signed IOU) often fall under written contract rules but may have longer limits if notarized

Case Study: The "Verbal Promise" Trap

In 2022, James R. of Phoenix, Arizona, received a call from a debt collector claiming he owed $4,200 on a 2017 personal loan from a friend. The friend had died, and the estate hired a collector. James verbally acknowledged the debt during a recorded call. Under Arizona law (A.R.S. §12-543), oral agreements have a 3-year statute, and the debt was from 2017—so it was time-barred. However, James's verbal acknowledgment restarted the clock in Arizona, making the debt collectible again. He ended up settling for $2,800. Lesson: Never verbally acknowledge an old debt.

Actionable steps:

1. Determine if your debt is written, oral, or open account—check the original agreement
2. For oral agreements, the statute is typically shorter—verify your state's specific law
3. If you're unsure, request a "debt validation letter" from the collector (under FDCPA §809)

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How Does the Statute of Limitations Work for Medical Debt?

Medical debt is generally treated as a written contract or open account, depending on the state. However, medical debt has unique features:

1. Statute typically starts when the service was provided or when the first payment was missed, not when the bill was received
2. Insurance complications: If you had insurance, the statute may start from the date the insurance denied the claim, not the service date
3. Credit reporting: Under the No Surprises Act (2022), medical debt under $500 is no longer reported to credit bureaus. As of 2023, the three major credit bureaus (Experian, Equifax, TransUnion) removed 70% of medical debt from credit reports

Real statistic: According to the CFPB, $88 billion in medical debt is currently in collections, affecting 1 in 5 Americans. The average medical debt in collections is $2,000.

State-specific examples:

• California: Medical debt has a 4-year statute (CCP §337) as a written contract
• Texas: Medical debt falls under 4-year statute for written contracts (Tex. Civ. Prac. & Rem. §16.004)
• New York: Medical debt has a 6-year statute (CVP §213) but starting in 2024, New York banned medical debt from affecting credit scores for amounts under $2,000

Actionable steps:

1. Verify the date of service—the statute starts from the last medical service date, not the billing date
2. If you're on a payment plan, making regular payments may not restart the statute (depends on state)
3. Check if your state has special protections for medical debt (e.g., New York's 2024 law)

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What Happens When the Statute of Limitations Expires?

When the statute of limitations expires, the debt becomes "time-barred." Here's what that means legally:

Can the creditor still sue? Yes, technically they can file a lawsuit, but you can raise the statute of limitations as an affirmative defense. If you don't show up to court, the creditor can still get a default judgment—even on an expired debt.

Can they still call? Yes, debt collectors can still contact you about time-barred debt, but the CFPB's 2021 Debt Collection Rule (12 CFR §1006) requires collectors to:

• Disclose that the debt is time-barred if they know it is
• Not sue or threaten to sue on time-barred debt
• Stop calling if you request in writing

Can it appear on your credit report? Yes, for up to 7 years from the date of first delinquency (FCRA §605). The statute of limitations and credit reporting periods run independently.

Table 3: What Happens After Statute Expires

Action	Legal Status	What You Should Do
Lawsuit filed	Creditor can sue, but you have a defense	Appear in court and raise statute defense
Judgment obtained	If you don't show up, judgment is valid	File motion to vacate (within 1-2 years)
Debt collector calls	Allowed, but must disclose time-barred status	Send cease-and-desist letter
Credit reporting	Allowed for 7 years from delinquency	Dispute after 7 years with credit bureaus
Partial payment	May restart statute in 28 states	Never pay unless you intend to restart

Case Study: Default Judgment on Expired Debt

In 2023, Maria L. of Chicago, Illinois, was sued by a debt buyer for $3,800 in credit card debt from 2014. Illinois has a 10-year statute for written contracts (735 ILCS 5/13-206), so the debt from 2014 was still within the statute. However, Maria didn't respond to the lawsuit, and the court entered a default judgment for $4,200 (including fees). She later discovered she could have raised a defense—the debt buyer couldn't prove the original contract. Lesson: Always respond to a lawsuit, even if the debt is old.

Actionable steps:

1. If sued on time-barred debt, file an answer with the court citing the statute of limitations
2. Send a written dispute to the collector if they threaten legal action
3. Consider hiring a consumer attorney—many offer free consultations under the FDCPA

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Can Making a Payment Restart the Statute of Limitations?

This is the most dangerous trap for consumers. In 28 states, making a partial payment or acknowledging the debt in writing restarts the statute of limitations from zero. This is called "revival" or "tolling."

States where partial payment restarts the clock:

• Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Exceptions:

• California: Only a written promise to pay restarts the clock, not a partial payment (CCP §360)
• New York: A partial payment restarts the clock only if it's accompanied by a written acknowledgment (CVP §17-101)
• Texas: Partial payment restarts the clock only if the debtor acknowledges the debt in writing (Tex. Civ. Prac. & Rem. §16.065)

What counts as "acknowledgment"?

• Making a payment (even $1)
• Saying "I'll pay you next month" in a recorded call
• Signing a new payment plan
• Disputing the debt in writing (in some states, this can be seen as acknowledgment)

Actionable steps:

1. Never make a payment on a debt that is near or past the statute of limitations
2. If a collector calls, do not admit the debt is yours—say "I dispute this debt"
3. Send a debt validation letter (within 30 days of first contact) to verify the debt's age

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How to Check If Your Debt Is Time-Barred

Follow this step-by-step process to determine if your debt is legally uncollectible:

Step 1: Get your credit reports

• AnnualCreditReport.com offers free weekly reports through 2025
• Check the "Date of First Delinquency" (DoFD) for each account
• The DoFD is the month the account went 30+ days past due

Step 2: Identify the debt type

• Is it a credit card (open account)?
• A personal loan (written contract)?
• Medical debt (written contract)?
• An oral promise (oral agreement)?

Step 3: Determine your state's statute

• Use the table above for your state and debt type
• Note: If you moved, the statute may be from the state where the contract was signed

Step 4: Calculate the expiration date

• Add the statute years to the DoFD
• Example: DoFD = January 2020, 6-year statute = January 2026 expiration

Step 5: Check for revival

• Have you made any payments since the DoFD?
• Have you signed any new agreements?
• Have you acknowledged the debt in writing?

Step 6: Verify the collector's claims

• Request a "debt validation letter" within 30 days of first contact
• The collector must provide proof of the debt and its age

Actionable steps:

1. Download your credit reports today—they're free weekly
2. Create a spreadsheet with each debt, DoFD, and statute expiration
3. If a debt is expired, send a cease-and-desist letter to the collector

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What Are Your Rights When a Debt Collector Sues on an Expired Debt?

If a debt collector sues you on a time-barred debt, you have powerful defenses under federal and state law:

Federal protections (FDCPA):

• 15 U.S.C. §1692e: Collectors cannot use false or misleading representations, including threatening to sue on time-barred debt
• 15 U.S.C. §1692f: Unfair practices include attempting to collect time-barred debt without disclosing its status
• CFPB Rule (2021): Collectors must disclose that a debt is time-barred if they know it is, and cannot sue or threaten to sue

State protections:

• California (Rosenthal Act): Collectors cannot sue on time-barred debt at all
• New York (NY General Business Law §601): Collectors must provide written notice that the debt is time-barred
• Texas (Tex. Fin. Code §392.304): Collectors cannot threaten legal action on time-barred debt

What to do if sued:

1. Don't ignore it: File a response within the time limit (usually 20-30 days)
2. Raise the statute of limitations defense: In your answer, state "The debt is time-barred under [state] law"
3. Counterclaim: If the collector knew the debt was expired, you can sue for FDCPA violations (up to $1,000 in statutory damages plus attorney fees)
4. File a complaint: Report violations to the CFPB, FTC, or your state attorney general

Real statistic: According to the CFPB's 2023 report, 1 in 4 debt collection lawsuits involve debts that are potentially time-barred. The FTC has recovered over $1.2 billion in consumer restitution from debt collectors since 2015.

Actionable steps:

1. If you're sued, contact a consumer attorney immediately—many offer free consultations
2. File a written answer with the court before the deadline
3. Document all communications from the collector (record calls if legal in your state)

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Complete State-by-State Statute of Limitations Table

Below is the definitive table for all 50 states, covering oral agreements, written contracts, promissory notes, and open accounts (credit cards).

State	Oral Agreements	Written Contracts	Promissory Notes	Open Accounts (Credit Cards)
Alabama	6	6	6	3
Alaska	6	6	6	6
Arizona	3	6	6	6
Arkansas	3	5	5	5
California	2	4	4	4
Colorado	6	6	6	6
Connecticut	3	6	6	6
Delaware	3	3	3	3
Florida	4	5	5	5
Georgia	4	6	6	6
Hawaii	6	6	6	6
Idaho	4	5	5	5
Illinois	5	10	10	10
Indiana	6	6	6	6
Iowa	5	5	5	5
Kansas	3	5	5	5
Kentucky	5	10	10	10
Louisiana	3	10	10	3
Maine	6	6	6	6
Maryland	3	3	3	3
Massachusetts	6	6	6	6
Michigan	6	6	6	6
Minnesota	6	6	6	6
Mississippi	3	3	3	3
Missouri	5	5	5	5
Montana	5	8	8	8
Nebraska	4	5	5	5
Nevada	4	6	6	6
New Hampshire	3	3	3	3
New Jersey	6	6	6	6
New Mexico	4	6	6	6
New York	6	6	6	6
North Carolina	3	3	3	3
North Dakota	6	6	6	6
Ohio	6	8	8	8
Oklahoma	3	5	5	5
Oregon	6	6	6	6
Pennsylvania	4	4	4	4
Rhode Island	6	10	10	10
South Carolina	3	3	3	3
South Dakota	6	6	6	6
Tennessee	6	6	6	6
Texas	4	4	4	4
Utah	4	6	6	6
Vermont	6	6	6	6
Virginia	3	5	5	5
Washington	3	6	6	6
West Virginia	5	10	10	10
Wisconsin	6	6	6	6
Wyoming	8	8	8	8

Note: These are general guidelines. Court interpretations can vary. Always consult an attorney for specific legal advice.

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Frequently Asked Questions

1. Does the statute of limitations on debt apply to all types of debt? Yes, but the time limit varies. Credit card debt (open account) typically has 3-6 years, written contracts (loans, medical) have 4-10 years, and oral agreements have 2-6 years. Government debts (student loans, taxes) have no statute of limitations—they can be collected indefinitely.

2. Can a debt collector sue me after the statute of limitations expires? Technically yes, but you have a complete defense. If you don't respond, the court can enter a default judgment. Always respond to a lawsuit and raise the statute of limitations defense. The CFPB's 2021 rule prohibits collectors from suing on time-barred debt, but many still try.

3. Does the statute of limitations restart if I move to another state? Generally, no. The statute is determined by the state where the contract was signed or where you lived when the debt was incurred. However, if you move, the new state's statute may apply to future collection efforts. "Choice of law" clauses in contracts can complicate this.

4. How do I know when the statute of limitations started? The clock starts on the "date of first delinquency"—the month you first missed a payment. This is shown on your credit report as "Date of First Delinquency" (DoFD). For medical debt, it's the date of service or when insurance denied the claim.

5. Can I negotiate a settlement on a time-barred debt? Yes, but be extremely careful. In 28 states, making a partial payment or signing a settlement agreement can restart the statute of limitations. If you settle, get the agreement in writing and ensure it states that the payment does not revive the debt.

6. What is the difference between the statute of limitations and the credit reporting time limit? The statute of limitations is the time a creditor can sue you (3-10 years). The credit reporting time limit is 7 years from the first delinquency under the Fair Credit Reporting Act. A debt can be time-barred for lawsuits but still appear on your credit report.

7. Does bankruptcy stop the statute of limitations? Yes, filing for bankruptcy triggers an "automatic stay" that stops all collection activities, including the statute of limitations clock. The debt is discharged in bankruptcy, so the statute no longer matters. However, bankruptcy stays on your credit report for 7-10 years.

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Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws vary by state and are subject to change. Consult a licensed attorney for advice specific to your situation. The information provided is based on laws as of January 2025. Always verify with your state's statutes or a consumer law attorney.

Internal links:

• How to Dispute a Debt Collection Letter
• Complete Guide to Debt Validation Rights
• What Happens When a Debt Collector Sues You
• Understanding the Fair Debt Collection Practices Act
• How to Remove Collections from Your Credit Report