Skip to main content

Statute of Limitations on Debt by State

Important disclaimers before you read any specific numbers

The information on this page is general guidance, not legal advice. Statutes of limitations are complicated. The actual SoL for your specific debt depends on the state whose law applies, the specific type of debt, whether anything has happened that could revive the SoL (payments, written acknowledgments), tolling events, and court interpretations specific to your state. For any specific situation, consult a consumer protection attorney - especially if you are being sued or considering paying a debt that may be time-barred.

How to read these numbers

Each state listing shows multiple categories of debt. The categories most commonly applicable to consumer debt:

  • Written Contract: A debt where you signed a written agreement. Most credit card accounts (because of the cardmember agreement), most auto loans, most personal loans, mortgages.
  • Oral Contract: A debt based on a spoken agreement with no written contract. Less common in consumer debt.
  • Open Account / Account Stated: An account where charges accumulate over time, like a store credit account. Some states classify credit card debt as open account, others as written contract.
  • Promissory Note: A specific type of written promise to pay. Often longer SoL than other debt types.

When categories overlap or there is dispute about which applies, courts in each state have ruled on these issues. The general numbers below are starting points.

SoL revival warning

In most states, certain actions can revive the SoL: making any payment (even partial), acknowledging the debt in writing, promising to pay, or entering a new payment plan or settlement agreement. Never make a payment, written acknowledgment, or new agreement on a debt that may be past the SoL without consulting an attorney first.

The 50 states plus DC

StateWrittenOralOpen AccountPromissory Note
Alabama6 years6 years3 years6 years
Alaska3 years3 years3 years3 years (10 if under seal)
Arizona6 years3 years3 years6 years
Arkansas5 years3 years3 years5 years
California4 years2 years4 years4 years
Colorado6 years3 years6 years6 years
Connecticut6 years3 years6 years6 years
Delaware3 years3 years3 years6 years
District of Columbia3 years3 years3 years3 years
Florida5 years4 years4 years5 years
Georgia6 years4 years4 years6 years
Hawaii6 years6 years6 years6 years
Idaho5 years4 years4 years5 years
Illinois10 years5 years5 years (some courts say 10 for credit cards)10 years
Indiana6 years6 years6 years6 years
Iowa10 years5 years5 years10 years
Kansas5 years3 years3 years5 years
Kentucky15 years (10 for contracts after July 14, 2014)5 years5 years15 years (10 for newer)
Louisiana10 years10 years3 years5 years
Maine6 years6 years6 years6 years (20 if under seal)
Maryland3 years3 years3 years6 years
Massachusetts6 years6 years6 years6 years (20 if under seal)
Michigan6 years6 years6 years6 years
Minnesota6 years6 years6 years6 years
Mississippi3 years3 years3 years3 years
Missouri10 years5 years5 years10 years
Montana8 years5 years5 years8 years
Nebraska5 years4 years4 years5 years
Nevada6 years4 years4 years6 years
New Hampshire3 years3 years3 years6 years
New Jersey6 years6 years6 years6 years
New Mexico6 years4 years4 years6 years
New York6 years (3 for consumer credit since April 2022)6 years3 years for consumer credit6 years
North Carolina3 years3 years3 years5 years
North Dakota6 years6 years6 years6 years
Ohio8 years (6 since June 16, 2021)6 years (4 since June 16, 2021)6 years (or 4 for newer)6 years
Oklahoma5 years3 years3 years (5 if documented)5 years
Oregon6 years6 years6 years6 years
Pennsylvania4 years4 years4 years4 years (6 for sealed)
Rhode Island10 years10 years10 years10 years
South Carolina3 years3 years3 years3 years
South Dakota6 years6 years6 years6 years
Tennessee6 years6 years6 years6 years
Texas4 years4 years4 years4 years
Utah6 years4 years4 years6 years
Vermont6 years6 years6 years6 years (14 if under seal)
Virginia5 years3 years3 years6 years
Washington6 years3 years3 years (some say 6 for credit cards)6 years
West Virginia10 years5 years5 years10 years
Wisconsin6 years6 years6 years6 years (10 for sealed)
Wyoming10 years8 years8 years10 years

State-specific notes

Alabama
Varying interpretations on credit card debt.
Alaska
Generally shorter SoL than most states.
Arizona
Credit card debt typically treated as written contract.
Arkansas
Treats credit card debt as open account (3 years).
California
Fair Debt Buying Practices Act gives strong protections. SoL generally cannot be revived by partial payment alone.
Colorado
Significant debt collection reform passed in 2023.
Connecticut
Requires debt buyer licensing and specific documentation.
Delaware
Unusually short SoL for written contracts.
District of Columbia
Shorter than most states.
Florida
Florida Consumer Collection Practices Act (FCCPA) extends FDCPA-like protections to original creditors. Partial payment can revive SoL.
Georgia
Credit card debt generally treated as open account (4 years).
Hawaii
Uniform 6-year SoL for most debt types.
Illinois
One of the longest written contract SoLs.
Iowa
Long SoL for written contracts.
Kansas
Treats credit card debt as open account.
Kentucky
Recent legislation reduced SoL for newer contracts. Check the date of the original agreement.
Louisiana
Civil law tradition produces unique results. Credit cards classified as open account.
Maryland
Relatively short 3-year SoL for most consumer debt.
Massachusetts
Requires debt collector licensing; strong consumer protection.
Mississippi
Relatively short SoL.
Missouri
Long SoL for written contracts.
Montana
Relatively long SoL for written contracts.
New Hampshire
Unusually short SoL for most debt types.
New York
Consumer Credit Fairness Act (2022) shortened consumer debt SoL to 3 years. Acknowledgment in writing does not revive SoL.
North Carolina
Short SoL for most consumer debt.
Ohio
Reduced SoL in 2021. Older contracts may still be subject to longer SoL.
Oklahoma
Classification of credit card debt has been disputed in courts.
Oregon
Strong consumer protection framework.
Pennsylvania
Shorter SoL than most states.
Rhode Island
Very long uniform SoL.
South Carolina
Short uniform SoL.
Texas
Does not allow wage garnishment for most consumer debts. Requires debt collectors to be licensed.
Virginia
Classification of credit card debt has varied in courts.
Washington
Requires debt collectors to be licensed; strong Consumer Protection Act remedies.
West Virginia
Long SoL for written contracts.
Wyoming
Long SoL for most debt types.

Special considerations

Choice of law

Some credit card agreements include choice-of-law clauses specifying that a particular state's law applies regardless of where the consumer lives. Common choices include Delaware (3 years) and South Dakota (6 years) because of state laws favorable to lenders.

When you are sued, the court will determine which state's law applies. This can be a complex legal question. If a creditor is using a state with a shorter SoL than your state of residence, that may benefit you.

Tolling

The SoL can be paused ("tolled") in certain circumstances:

  • The debtor is in active military service (Servicemembers Civil Relief Act)
  • The debtor leaves the state and is unavailable for service
  • Other specific circumstances defined by state law

Tolling provisions vary by state and circumstance. Generally, if you have been continuously available in the state since the original delinquency, tolling does not apply.

Bankruptcy

If you have filed for bankruptcy, the SoL on debts included in the bankruptcy is largely irrelevant. Discharged debts cannot be collected regardless of SoL. If a debt was not discharged for some reason, the SoL still applies.

Federal student loans

Federal student loans do not have a statute of limitations. The federal government can pursue collection indefinitely, including through tax refund offsets and Social Security garnishment. Private student loans are subject to the SoL of the applicable state.

Tax debts

Federal tax debts have specific time limits (generally 10 years for collection) but follow different rules than the SoL on commercial debt. State tax debts vary.

How to use this information

If a debt may be near or past SoL

  1. Determine the original Date of First Delinquency
  2. Identify the type of debt (written contract, open account, etc.)
  3. Identify which state's law applies
  4. Determine whether anything has happened that could revive SoL
  5. Consult a consumer protection attorney before taking any action

If you are sued on what may be a time-barred debt

  1. Do not ignore the lawsuit (default judgment is the worst outcome)
  2. Respond before the deadline
  3. Assert SoL as a defense in your answer
  4. Get a lawyer immediately

If a collector is calling about a possibly time-barred debt

  1. Do not acknowledge the debt
  2. Do not make any payment, even partial
  3. Do not enter any new agreements
  4. Document the contacts (date, time, what was said)
  5. If they threaten to sue on a time-barred debt, that may be an FDCPA violation
  6. Consider a debt validation request or cease and desist letter

Why you should not rely solely on this page

State law changes. Court decisions clarify or change interpretations. The categorization of specific debt types varies by court ruling. The general numbers above are starting points for understanding, not definitive answers for your specific case.

Before relying on SoL for any specific debt:

  1. Verify the current law in your state
  2. Verify how courts in your state have applied the SoL to your specific type of debt
  3. Verify whether anything has happened that could revive or toll the SoL
  4. Consult a consumer protection attorney for any case involving real money or potential lawsuit

The SoL is a powerful defense when applied correctly. It is also easy to lose by accident if you do not understand exactly how it works.

Related pages