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Statute of Limitations on Debt in South Carolina

In South Carolina, a creditor generally has 3 years to sue on a written or oral contract or an open account, and 6 years on a promissory note under the commercial code.

Last checked . General information, not legal advice.

South Carolina at a glance

Written contracts
3 years
Sealed instruments and writings secured by a mortgage on real property have 20 years.
Oral contracts
3 years
Promissory notes
6 years
S.C. Code 36-3-118 for notes payable at a definite time.
Open accounts
3 years
Falls under the 3-year rule for contracts express or implied.

Sources

Last checked

The rules in South Carolina

What is the statute of limitations for a written contract in South Carolina?

Written contracts in South Carolina: 3 years. Sealed instruments and writings secured by a mortgage on real property have 20 years.

What is the statute of limitations for an oral contract in South Carolina?

Oral contracts in South Carolina: 3 years.

What is the statute of limitations on a promissory note in South Carolina?

Promissory notes in South Carolina: 6 years. S.C. Code 36-3-118 for notes payable at a definite time.

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

Open accounts in South Carolina: 3 years. Falls under the 3-year rule for contracts express or implied.

Where do the South Carolina statutes of limitations on debt come from?

The rules above come from S.C. Code 15-3-530, S.C. Code 15-3-520 and S.C. Code 36-3-118. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under S.C. Code 15-3-520, a sealed instrument (other than a sealed note for money only) or a written contract secured by a real estate mortgage has 20 years.

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.