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Statute of Limitations on Debt by State

A statute of limitations is the deadline for filing a lawsuit. For debts and contracts, it limits how long a lender, seller or collector has to sue to collect money that is owed. Once the period runs out, the debt is often called time-barred. The debt does not disappear, but the person who owes it can usually ask the court to dismiss a late lawsuit.

50 states and DC compared. Last checked .

At a glance

Written contracts: range
3 years to 10 years
Across the 51 jurisdictions with a single statewide figure.
Oral contracts: range
2 years to 10 years
Across the 51 jurisdictions with a single statewide figure.
Promissory notes: range
5 years to 10 years
Across the 50 jurisdictions with a single statewide figure.
Open accounts: range
3 years to 10 years
Across the 49 jurisdictions with a single statewide figure.

Compare statutes of limitations on debt

Each state sets its own periods, and the length often depends on the kind of obligation. A state may use one period for written contracts, another for oral agreements, and separate rules for promissory notes or open accounts such as store and credit card accounts. This guide compares those periods for every state and links each one to its statute.

51 of 51 shown

Sources
ALAlabama6 years6 years6 years3 years
AKAlaska3 years3 years6 years3 years
AZArizona6 years3 years6 years3 years (credit cards 6 years)
ARArkansas5 years3 years5 years3 years
CACalifornia4 years2 years6 years4 years
COColorado6 years6 years6 years6 years
CTConnecticut6 years3 years6 years6 years
DEDelaware3 years3 years6 years3 years
DCDistrict of Columbia3 years3 years6 years3 years
FLFlorida5 years4 years5 years4 years
GAGeorgia6 years4 years6 years4 years
HIHawaii6 years6 years6 years6 years
IDIdaho5 years4 years6 years4 years
ILIllinois10 years5 years10 years5 years
INIndiana6 years6 years6 years6 years
IAIowa10 years5 years10 years5 years
KSKansas5 years3 years6 years3 years
KYKentucky10 years5 years6 years5 years
LALouisiana10 years10 years5 years3 years
MEMaine6 years6 years6 years6 years
MDMaryland3 years3 years6 years3 years
MAMassachusetts6 years6 years6 years6 years
MIMichigan6 years6 years6 years6 years
MNMinnesota6 years6 years6 years6 years
MSMississippi3 years3 years6 years3 years
MOMissouri10 years5 years10 years5 years
MTMontana6 years5 years6 years5 years
NENebraska5 years4 years6 yearsNot listed
NVNevada6 years4 years6 years4 years
NHNew Hampshire3 years3 years6 years3 years
NJNew Jersey6 years6 years6 years6 years
NMNew Mexico6 years4 years6 years4 years
NYNew York6 years6 years6 years3 years
NCNorth Carolina3 years3 years6 years3 years
NDNorth Dakota6 years6 years6 years6 years
OHOhio6 years4 years6 years6 years
OKOklahoma5 years3 years6 years3 years
OROregon6 years6 years6 years6 years
PAPennsylvania4 years4 years4 or 6 years4 years
RIRhode Island10 years10 years6 years10 years
SCSouth Carolina3 years3 years6 years3 years
SDSouth Dakota6 years6 years6 years6 years
TNTennessee6 years6 years6 years6 years
TXTexas4 years4 years6 years4 years
UTUtah6 years4 years6 years4 years
VTVermont6 years6 years6 years6 years
VAVirginia5 years3 years6 years3 years
WAWashington6 years3 years6 years6 years
WVWest Virginia10 years5 years6 years5 years
WIWisconsin6 years6 years6 years6 years
WYWyoming10 years8 years6 years8 years

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

Related documents

Statute of Limitations on Debt: state by state

Frequently asked questions

What happens when the statute of limitations on a debt expires?

The creditor generally can no longer win a lawsuit to collect it if the defense is raised. The debt itself is not erased: it can still be owed, can appear on a credit report for the period federal credit reporting law allows, and a creditor may still ask for voluntary payment.

Can making a payment restart the statute of limitations?

In some states, yes. A partial payment or a signed written promise to pay can restart or extend the period. Other states limit this effect. Because the rules differ, it helps to check the state statute before paying or signing anything on an old debt.

Is a credit card debt a written contract or an open account?

It depends on the state and sometimes on the facts of the case. Courts have treated credit card debt as a written contract, an open account, or an account stated. The classification matters because it can change which period applies.

Is the statute of limitations the same as how long a debt stays on a credit report?

No. The statute of limitations is a state law deadline for suing. How long a debt can appear on a credit report is set by the federal Fair Credit Reporting Act. The two periods run separately.

Does the statute of limitations apply to collecting a court judgment?

No. Once a creditor has a judgment, separate state laws govern how long it can be enforced and whether it can be renewed. Those periods are often much longer than the deadline for filing the original lawsuit.

Which states have the highest and lowest written contracts?

Among the 51 jurisdictions with a single statewide figure, written contracts ranges from 3 years (Alaska, Delaware, District of Columbia, Maryland, Mississippi and New Hampshire and others) to 10 years (Illinois, Iowa, Kentucky, Louisiana, Missouri and Rhode Island and others). The most common figure is 6 years (25 jurisdictions). Check each state's page for exceptions.

Which states have the highest and lowest oral contracts?

Among the 51 jurisdictions with a single statewide figure, oral contracts ranges from 2 years (California) to 10 years (Louisiana and Rhode Island). The most common figure is 6 years (16 jurisdictions). Check each state's page for exceptions.

Which states have the highest and lowest promissory notes?

Among the 50 jurisdictions with a single statewide figure, promissory notes ranges from 5 years (Arkansas, Florida and Louisiana) to 10 years (Illinois, Iowa and Missouri). The most common figure is 6 years (44 jurisdictions). Check each state's page for exceptions.

Which states have the highest and lowest open accounts?

Among the 49 jurisdictions with a single statewide figure, open accounts ranges from 3 years (Alabama, Alaska, Arkansas, Delaware, District of Columbia and Kansas and others) to 10 years (Rhode Island). The most common figure is 6 years (17 jurisdictions). Check each state's page for exceptions.

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