If you’re getting calls from debt collectors about old debt, by law, you might not need to pay if the debt is too old. The statute of limitations on debt collection varies by state and type of debt, determining how long creditors have to sue you for unpaid debts.
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Do debt collectors have a time limit?
The statute of limitations for debt collection varies by state and type of debt. Typically, state law determines the statute of limitations for your debts, regardless of where you incurred the debt. Some lenders may add clauses to extend your debt obligations. The clock starts with your last activity on the account, not when you take out the loan.
Note that debt collectors can still contact you about a time-barred debt unless you ask them to stop. You can send a certified letter requesting no further contact. If they persist, you can contact a lawyer or the local attorney general’s office.
Types of debt
The main types of debt are:
- Oral agreements: Verbal, nonwritten contracts to repay money.
- Written contracts: Debts backed by a signed written contract.
- Promissory notes: Written agreements to repay a debt with specific payments, such as mortgages.
- Open-ended debt: Credit types with revolving balances, such as credit cards and lines of credit.
Statute of limitations on debt collection by state
You can choose your state from the list below to jump to our discussion of its statute of limitations:
Alabama
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Alaska
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
Arizona
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Arkansas
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
California
Statute of limitations
- Oral agreements: 2 years
- Written contracts: 4 years
- Promissory notes: 4 years
- Open-ended accounts: 4 years
Colorado
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Connecticut
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Delaware
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
Florida
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 4 years
Georgia
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 4 years, but 6 years for credit cards
Hawaii
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Idaho
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 5 years
Illinois
Statute of limitations
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 5 years
Indiana
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 10 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Iowa
Statute of limitations
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 5 years
- Open-ended accounts: 5 years
Kansas
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 3 years
Kentucky
Statute of limitations
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 15 years
- Open-ended accounts: 5 years
Louisiana
Statute of limitations
- Oral agreements: 10 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 3 years
Maine
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Maryland
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 12 years
- Open-ended accounts: 3 years
Massachusetts
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Michigan
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Minnesota
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Mississippi
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
Missouri
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 10 years
- Promissory notes: 3 years
- Open-ended accounts: 5 years
Montana
Statute of limitations
- Oral agreements: 5 years
- Written contracts: 8 years
- Promissory notes: 8 years
- Open-ended accounts: 5 years
Nebraska
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 4 years
Nevada
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 3 years
- Open-ended accounts: 4 years
New Hampshire
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
New Jersey
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
New Mexico
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 4 years
New York
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
North Carolina
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 5 years
- Open-ended accounts: 3 years
North Dakota
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Ohio
Statute of limitations
- Oral agreements: 6 years if debt was after 2012; if before, it’s 15 years
- Written contracts: 8 years if debt was after 2012; if before, it’s 15 years
- Promissory notes: 8 years if debt was after 2012; if before, it’s 15 years
- Open-ended accounts: 8 years if debt was after 2012; if before, it’s 15 years
Oklahoma
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 3 years
Oregon
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Pennsylvania
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 4 years
- Promissory notes: 4 years
- Open-ended accounts: 4 years
Rhode Island
Statute of limitations
- Oral agreements: 10 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 10 years
South Carolina
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
South Dakota
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Tennessee
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Texas
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 4 years
- Promissory notes: 4 years
- Open-ended accounts: 4 years
Utah
Statute of limitations
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 4 years
Vermont
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 5 years
- Open-ended accounts: 3 years
Virginia
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Washington
Statute of limitations
- Oral agreements: 3 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
West Virginia
Statute of limitations
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 6 years
- Open-ended accounts: 5 years
Wisconsin
Statute of limitations
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 10 years
- Open-ended accounts: 6 years
Wyoming
Statute of limitations
- Oral agreements: 8 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 6 years
Protect yourself from debt collectors
The following are smart actions to take if you’re concerned about debt collectors.
- Know your rights: The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive practices.
- Document interactions: Keep records of all communications with debt collectors.
- Seek legal advice: Consult a lawyer if debt collectors violate your rights.
FAQ
Can a debt collector still contact me after the statute of limitations expires?
Yes, but you can request they stop. Send a certified letter to the debt collector and keep a copy for your records.
What happens if I make a payment on a time-barred debt?
Making a payment can reset the statute of limitations, allowing debt collectors to sue you for the debt. Avoid making payments or acknowledging the debt without consulting a lawyer.
How do I know if my debt is time-barred?
Check the date of your last payment or activity on the account. Compare it with your state’s statute of limitations for that type of debt.
What should I do if a debt collector sues me for a time-barred debt?
Consult a lawyer immediately. You can use the expired statute of limitations as a defense in court.
About our contributors
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Written by Jeff Gitlen, CEPF®Jeff Gitlen, CEPF®, is the director of growth at LendEDU. He graduated from the Alfred Lerner College of Business and Economics at the University of Delaware.