Statute of Limitations on Debt in Idaho
In Idaho, a creditor generally has 5 years to sue on a written contract, 4 years on an oral contract or an open account, and 6 years on a promissory note.
Last checked . General information, not legal advice.
Idaho at a glance
- Written contracts
- 5 years
- Oral contracts
- 4 years
- Promissory notes
- 6 years
- For a negotiable note payable at a definite time, counted from the due date or accelerated due date.
- Open accounts
- 4 years
- No separate period; an account not founded on a writing has 4 years. A mutual, open and current account accrues from the last item.
The rules in Idaho
What is the statute of limitations for a written contract in Idaho?
Written contracts in Idaho: 5 years.
What is the statute of limitations for an oral contract in Idaho?
Oral contracts in Idaho: 4 years.
What is the statute of limitations on a promissory note in Idaho?
Promissory notes in Idaho: 6 years. For a negotiable note payable at a definite time, counted from the due date or accelerated due date.
What is the statute of limitations on an open account, such as a credit card, in Idaho?
Open accounts in Idaho: 4 years. No separate period; an account not founded on a writing has 4 years. A mutual, open and current account accrues from the last item.
Where do the Idaho statutes of limitations on debt come from?
The rules above come from Idaho Code 5-216, Idaho Code 5-217, Idaho Code 5-222 and Idaho Code 28-3-118. Each source is linked on this page. We last checked them in October 2026.
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.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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