Statute of Limitations on Debt by State (2026 Guide)
How long can a debt collector legally sue you in your state? A complete 2026 reference table covering all 50 states plus DC, with citations to each statute, plus what restarts the clock and what to do if your debt is time-barred.
If a debt collector is calling about an old debt, the single most important question to ask is: how old is too old?
In every U.S. state, there is a deadline by which a creditor or debt collector must file a lawsuit to collect on a debt. Once that deadline passes, the debt is called time-barred. The collector cannot sue you and win, even if the debt is genuinely yours and genuinely unpaid.
The problem: most consumers do not know their state's deadline. Collectors know this, and the entire zombie debt industry is built on it. Old debts get bought and sold for pennies on the dollar, then resold to a new collector who calls demanding payment on a debt that legally cannot be enforced.
This guide explains what the statute of limitations on debt is, the specific number of years for every U.S. state and DC as of 2026, the things you can accidentally do to restart the clock, and what to do if you discover the collector calling you is past the deadline.
What "statute of limitations" actually means for debt
The statute of limitations on debt (often abbreviated SOL) is the window of time during which a creditor or debt collector can file a lawsuit to enforce the debt. The clock typically starts on the date of last activity on the account, which is usually the date of last payment or the date of default, whichever is later.
Three things to understand right away.
1. The SOL controls lawsuits, not collection activity.
Even after the SOL expires, a collector can still call you, send letters, and ask for payment. What they cannot do is sue you and win. If they sue and you raise the SOL as an affirmative defense, the case will be dismissed.
2. The debt does not disappear when the SOL expires.
The debt still exists on paper. It does not vanish, and you are not legally obligated to declare it gone. What changes is the collector's ability to enforce it through the courts.
3. The SOL is separate from the credit reporting clock.
Under the federal Fair Credit Reporting Act (15 U.S.C. §1681c), a debt typically remains on your credit report for 7 years from the date of first delinquency. That clock is independent of the state SOL. A debt can be time-barred for lawsuits but still listed on your credit report, and vice versa.
Why this matters: the zombie debt cycle
Most consumer debts in collection have changed hands multiple times. The original creditor charges off the account, sells it to a debt buyer for a few cents on the dollar, that debt buyer tries to collect for a while, then sells it to another debt buyer, and so on.
By the time you are getting calls from a collector you have never heard of, the debt is often years old. In many cases it is past the state's statute of limitations.
The collector knows this. They are betting that you do not. If you make a partial payment, agree to a payment plan, or even verbally acknowledge the debt, in many states you have just restarted the SOL clock. The debt that was time-barred yesterday is now fully enforceable again, with a fresh multi-year deadline.
This is the trap. Knowing the SOL, and knowing what restarts it, puts the leverage back where it belongs.
The 50-state SOL table (2026)
The values below are in years and represent the maximum window for each common debt category. The clock typically starts on the date of last payment or last activity on the account, whichever is later. State case law on what counts as a "trigger" varies; consult a licensed attorney before relying on any specific date.
| State | Written Contract | Oral Contract | Open Account (Credit Cards) | Promissory Note | Citation |
|---|---|---|---|---|---|
| Alabama | 6 | 6 | 3 | 6 | Ala. Code §6-2-34, §6-2-37 |
| Alaska | 3 | 3 | 3 | 3 | Alaska Stat. §09.10.053 |
| Arizona | 6 | 3 | 3 | 6 | Ariz. Rev. Stat. §12-543, §12-548 |
| Arkansas | 5 | 3 | 3 | 5 | Ark. Code §16-56-105, §16-56-111 |
| California | 4 | 2 | 4 | 4 | Cal. Civ. Proc. Code §337, §339 |
| Colorado | 6 | 6 | 6 | 6 | Colo. Rev. Stat. §13-80-103.5 |
| Connecticut | 6 | 3 | 6 | 6 | Conn. Gen. Stat. §52-576, §52-581 |
| Delaware | 3 | 3 | 3 | 3 | Del. Code tit. 10 §8106 |
| District of Columbia | 3 | 3 | 3 | 3 | D.C. Code §12-301 |
| Florida | 5 | 4 | 5 | 5 | Fla. Stat. §95.11 |
| Georgia | 6 | 4 | 4 | 6 | O.C.G.A. §9-3-24, §9-3-25 |
| Hawaii | 6 | 6 | 6 | 6 | Haw. Rev. Stat. §657-1 |
| Idaho | 5 | 4 | 4 | 5 | Idaho Code §5-216, §5-217 |
| Illinois | 10 | 5 | 5 | 10 | 735 ILCS 5/13-205, 5/13-206 |
| Indiana | 10 | 6 | 6 | 10 | Ind. Code §34-11-2-9, §34-11-2-7 |
| Iowa | 10 | 5 | 5 | 10 | Iowa Code §614.1 |
| Kansas | 5 | 3 | 3 | 5 | Kan. Stat. §60-511, §60-512 |
| Kentucky | 10 | 5 | 5 | 10 | Ky. Rev. Stat. §413.090, §413.120 |
| Louisiana | 10 | 10 | 3 | 5 | La. Civ. Code art. 3494, 3498, 3499 |
| Maine | 6 | 6 | 6 | 20 | Me. Rev. Stat. tit. 14 §752, §751 |
| Maryland | 3 | 3 | 3 | 6 | Md. Code, Cts. & Jud. Proc. §5-101, §3-101 |
| Massachusetts | 6 | 6 | 6 | 6 | Mass. Gen. Laws ch. 260 §2 |
| Michigan | 6 | 6 | 6 | 6 | Mich. Comp. Laws §600.5807 |
| Minnesota | 6 | 6 | 6 | 6 | Minn. Stat. §541.05 |
| Mississippi | 3 | 3 | 3 | 3 | Miss. Code §15-1-29, §15-1-49 |
| Missouri | 10 | 5 | 5 | 10 | Mo. Rev. Stat. §516.110, §516.120 |
| Montana | 8 | 5 | 5 | 8 | Mont. Code §27-2-202, §27-2-203 |
| Nebraska | 5 | 4 | 4 | 5 | Neb. Rev. Stat. §25-205, §25-206 |
| Nevada | 6 | 4 | 4 | 3 | Nev. Rev. Stat. §11.190 |
| New Hampshire | 3 | 3 | 3 | 3 | N.H. Rev. Stat. §508:4 |
| New Jersey | 6 | 6 | 6 | 6 | N.J. Stat. §2A:14-1 |
| New Mexico | 6 | 4 | 4 | 6 | N.M. Stat. §37-1-3, §37-1-4 |
| New York | 6 | 6 | 3 | 6 | N.Y. C.P.L.R. §213, §214-i |
| North Carolina | 3 | 3 | 3 | 5 | N.C. Gen. Stat. §1-52, §1-47 |
| North Dakota | 6 | 6 | 6 | 6 | N.D. Cent. Code §28-01-16 |
| Ohio | 8 | 6 | 6 | 8 | Ohio Rev. Code §2305.06, §2305.07 |
| Oklahoma | 5 | 3 | 3 | 5 | Okla. Stat. tit. 12 §95 |
| Oregon | 6 | 6 | 6 | 6 | Or. Rev. Stat. §12.080 |
| Pennsylvania | 4 | 4 | 4 | 4 | 42 Pa. Cons. Stat. §5525 |
| Rhode Island | 10 | 10 | 10 | 10 | R.I. Gen. Laws §9-1-13 |
| South Carolina | 3 | 3 | 3 | 3 | S.C. Code §15-3-530 |
| South Dakota | 6 | 6 | 6 | 6 | S.D. Codified Laws §15-2-13 |
| Tennessee | 6 | 6 | 6 | 6 | Tenn. Code §28-3-109 |
| Texas | 4 | 4 | 4 | 4 | Tex. Civ. Prac. & Rem. Code §16.004 |
| Utah | 6 | 4 | 4 | 6 | Utah Code §78B-2-307, §78B-2-309 |
| Vermont | 6 | 6 | 6 | 6 | Vt. Stat. tit. 12 §511 |
| Virginia | 5 | 3 | 3 | 6 | Va. Code §8.01-246 |
| Washington | 6 | 3 | 3 | 6 | Wash. Rev. Code §4.16.040, §4.16.080 |
| West Virginia | 10 | 5 | 5 | 6 | W. Va. Code §55-2-6 |
| Wisconsin | 6 | 6 | 6 | 10 | Wis. Stat. §893.43 |
| Wyoming | 10 | 8 | 8 | 10 | Wyo. Stat. §1-3-105 |
What restarts the clock (the trap section)
In most states, certain actions can restart the SOL clock, effectively giving the collector a brand new multi-year window to sue you. Avoiding these is critical.
1. Making a partial payment on the debt.
Even a $1 payment can restart the clock in many states. Some collectors deliberately call asking for "any small good-faith payment" precisely because it resets the SOL. Do not pay anything until you have confirmed the SOL status and verified the debt through validation.
2. Verbally acknowledging the debt.
Saying "yes, I owe that" or "I know I'm behind" or "I've been meaning to pay" can be enough in some states to restart the clock. This is why phone calls with collectors are dangerous: it is too easy to say something that resets the SOL without realizing it.
3. Signing any payment plan, settlement, or new promise to pay.
Any signed document that acknowledges the debt or commits you to pay it generally restarts the clock. Sign nothing without consulting an attorney first.
4. Making a written promise to pay.
Even a sentence in an email or letter, such as "I'll pay this when I can," can be construed as a written acknowledgment in some states.
5. Re-aging by the collector.
Some collectors illegally report a new "date of first delinquency" when buying a debt, attempting to refresh both the SOL clock and the credit reporting clock. This is an FDCPA violation under §1692e (false representations) but happens routinely.
The defensive move: demand all communication in writing, never acknowledge the debt verbally, and verify the actual date of last activity through validation before doing anything else.
State-specific notes worth knowing
New York (CPLR §214-i, effective April 2022). New York reduced the SOL on consumer credit transactions from 6 years to 3 years. This was a major change. Many debts that were within their old SOL became time-barred overnight.
Florida (§95.11, amended 2023). Florida changed the SOL on open accounts (credit cards) from 4 years to 5 years. Note: this means slightly more lawsuits are viable in Florida than people might expect from older guides.
Ohio (§2305.06, amended 2012 and again later). Ohio reduced the written contract SOL from 15 years to 8 years, then confirmed shorter periods in subsequent revisions. Old debts contracted before the reduction may still fall under the old 15-year period; consult an attorney for boundary cases.
Kentucky (§413.090, amended 2014). Kentucky reduced the written contract SOL from 15 years to 10 years. Same caveat as Ohio for older debts.
Louisiana (Civil Code art. 3494, 3498, 3499). Louisiana operates under a civil-law tradition (inherited from French law) and uses the term "prescription" instead of "statute of limitations." Functionally similar but procedurally different. Consult Louisiana counsel for specific cases.
Mississippi, New Hampshire, Delaware, DC, Alaska. All five have a uniform 3-year SOL across most debt types, among the shortest in the country. A debt that is 4 years old in any of these states is almost always time-barred.
Rhode Island, Wisconsin, Maine, Wyoming. All have 10-year SOLs on most debt types, among the longest.
What to do if you discover a debt is time-barred
Step 1: Do nothing impulsive.
Do not call the collector to confront them. Do not write anything that acknowledges the debt. Do not pay anything. Treat this as a matter to be handled in writing with care.
Step 2: Send a debt validation letter.
Even on a time-barred debt, the collector is required under FDCPA §1692g to verify the debt upon written dispute within 30 days of their first contact. Most collectors of time-barred debts cannot produce proper validation, which adds another defense to your arsenal. Use a free validation letter generator to send a properly formatted version today.
Step 3: If they sue you, file an Answer raising SOL as an affirmative defense.
This is critical. The statute of limitations is an affirmative defense, which means it must be explicitly raised in your written Answer to the lawsuit. If you do not list it, you waive it. The court will not raise it for you.
In your Answer, state something like: "The plaintiff's claim is barred by the applicable statute of limitations under [your state code citation]." Use the Lawsuit Screener on this site to identify your specific defenses.
Step 4: Consider a cease-and-desist letter.
If a collector continues calling about a time-barred debt despite knowing it is time-barred, that may itself be an FDCPA violation under §1692e and §1692f. A formal cease-and-desist letter under §1692c(c) puts them on notice that further contact is unauthorized.
Step 5: File a complaint with the CFPB.
The Consumer Financial Protection Bureau accepts complaints about debt collectors at consumerfinance.gov. Filing creates a federal record. Many collectors respond more quickly to a CFPB complaint than to direct correspondence.
Common myths about time-barred debt
"A time-barred debt disappears from my credit report."
False. The credit reporting clock under FCRA §1681c is separate from the SOL. A debt can be time-barred (cannot be sued on) but still appear on your credit report for the full 7-year reporting window from date of first delinquency.
"I can ignore time-barred debt entirely."
Risky. The collector can still sue you, and if you do not respond to the summons, the court will enter a default judgment against you for the full amount. The judgment then becomes enforceable through garnishment, liens, and bank levies, regardless of the underlying SOL.
If you are sued on a time-barred debt, you must file an Answer raising the SOL defense within your state's response window (typically 20 to 30 days; see your summons document for the exact deadline).
"The SOL starts when the debt was opened."
False. The clock starts on the date of last activity, which is usually the date of last payment or the date of default. A 10-year old credit card with a payment 4 years ago has an SOL clock of 4 years, not 10.
"Federal law has a debt SOL."
Not for civil collection. Each state sets its own SOL. The federal FDCPA regulates the conduct of debt collectors but does not impose a federal SOL on debts.
Quick FAQ
Can a debt collector sue me after the SOL?
They can technically file the lawsuit, but if you raise SOL as an affirmative defense in your Answer, the case will be dismissed. You must respond on time and explicitly raise the defense. Default judgments still happen on time-barred debts when the defendant does not show up.
How do I know exactly when my SOL clock started?
Look at your account history with the original creditor. The trigger date is usually the date of last payment, or if no payment was ever made, the original due date or default date. If you do not have records, the validation letter you send will demand this information from the collector.
What if the collector says my SOL is different from what I see online?
Check your specific state code citation (in the table above) and the date the data was last verified. Some collectors give incorrect information. The state code is authoritative; the collector is not.
Can I be sued in a different state with a longer SOL?
Generally no, unless you live in that other state or signed a forum selection clause when opening the account. Most consumer contracts use the SOL of the consumer's state of residence.
Does federal law have an SOL on debts?
No federal civil SOL on consumer debts. Federal student loans have their own rules (no SOL on collection in many cases under the Higher Education Act). Federal taxes have a 10-year IRS collection window. Private consumer debts: state law only.
What to do right now
If a collector is calling about a debt that may be old, the first step is to stop talking. Move every conversation to writing. Then use the free SOL Checker on this site to confirm your specific state's deadline for the type of debt. If the debt is past the SOL, you have a powerful defense that can resolve the matter without payment. If it is within the SOL, you still have the validation right under the FDCPA, which is the next step.
The data above was last reviewed in April 2026 from state codes and consumer-protection legal resources. This is a reference guide, not legal advice. For a specific case, consult a licensed attorney in your state.
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Important disclaimer
The Debt Defense Kit and its free tools provide educational templates and information about consumer rights under the Fair Debt Collection Practices Act (15 U.S.C. §1692 et seq.) and related state consumer protection laws. They are not legal advice, and no attorney-client relationship is created. Individual circumstances vary. Consult a licensed attorney in your jurisdiction for advice on your specific matter. Testimonials reflect individual experiences and do not guarantee similar results.