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Statute of Limitations on Debt in North Dakota

In North Dakota, a creditor generally has 6 years to sue on a written or oral contract or an open account, and 6 years to sue on a promissory note.

Last checked . General information, not legal advice.

North Dakota at a glance

Written contracts
6 years
Covers any contract, obligation, or liability, express or implied.
Oral contracts
6 years
Promissory notes
6 years
Runs from the due date, or the accelerated due date, of a note payable at a definite time.
Open accounts
6 years
Open accounts fall under the general rule for contracts express or implied.

Sources

Last checked

The rules in North Dakota

What is the statute of limitations for a written contract in North Dakota?

Written contracts in North Dakota: 6 years. Covers any contract, obligation, or liability, express or implied.

What is the statute of limitations for an oral contract in North Dakota?

Oral contracts in North Dakota: 6 years.

What is the statute of limitations on a promissory note in North Dakota?

Promissory notes in North Dakota: 6 years. Runs from the due date, or the accelerated due date, of a note payable at a definite time.

What is the statute of limitations on an open account, such as a credit card, in North Dakota?

Open accounts in North Dakota: 6 years. Open accounts fall under the general rule for contracts express or implied.

Where do the North Dakota statutes of limitations on debt come from?

The rules above come from N.D.C.C. 28-01-16 and N.D.C.C. 41-03-18. Each source is linked on this page. We last checked them in October 2026.

Good to know

The same 6-year rule in N.D.C.C. 28-01-16 applies to contracts whether written or oral.

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.