Delinquent debts are still an unfortunate reality in the United States. Over the ten years ending in 2021, the delinquency rate on consumer loans averaged roughly 2.3%, though it reached 4.85% during the recession of 2009.
In a country with over 330 million citizens, a significant number of people fall behind on their debts each year. If you’re one of them, here’s what you should know about the statute of limitations on debt, what it means, and how you can use it to protect yourself.
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Table of Contents
What is a statute of limitations on debt?
A statute of limitations is a law that restricts the amount of time that someone has to sue for damages they’ve suffered. Therefore, a statute of limitations on debt is the length of time a creditor or debt collector has to sue a borrower for defaulting on their account.
Credit accounts that are past the statute of limitations on debt are known as time-barred debts. Note that you’re still generally liable for time-barred debts, and they may still show up on your credit report.
Why does the statute of limitations on debt matter?
The statute of limitations on your debts is significant because it’s one of your best protections against potential lawsuits from creditors and debt collectors, at least when it comes to debts that have been delinquent for years.
It’s costly in more ways than one to default on a credit account, but lawsuits are among the most dangerous outcomes. There are several ways they can turn out disastrously for you as the creditor, such as:
- Missing your court summons and facing a warrant for your arrest
- Legal proceedings that drag on and waste
- A judgment against you that allows the creditor or collector to garnish your wages
If you can use the statute of limitations on your debt to avoid any of the pitfalls above, it’ll save you a lot of time, money, and headaches.
How long can a debt collector legally pursue old debts?
A debt collector can pursue old debts indefinitely. The applicable statute of limitations doesn’t prevent them from attempting to recover their money, it just stops them from initiating a lawsuit against you for the time-barred debt.
In most states, they can and will still attempt to pressure you into paying through other means. For example, they may try to contact you through email, mail, and phone calls to intimidate you into paying.
Will I still have to pay the debts?
Whether you’ll have to pay time-barred debts or not is a tough question to answer. Your creditor or debt collector can’t force you to pay using the court system unless you accidentally renew the statute of limitations, but you still owe the money.
Unfortunately, no amount of time can change the fact that you owe the debts you’ve incurred and failed to repay. Even when they’re past the statute of limitations in your state, you’re still liable.
If you need to use credit again, you’ll find it difficult with an account in default on your credit report. Most credit scoring models consider payment history to be the most significant factor when assessing creditworthiness.
As a result, a defaulted account can seriously hurt your score. That may push you to pay the debt just to start turning things around. The only way to get rid of the debt without paying it is to declare bankruptcy.
Note that even if you do pay off the defaulted account, it can still show up on your credit report. Like most other negative records, an account that you defaulted on will remain on your credit report for seven years.
Can I still be sued after the statute of limitations has expired?
Previously, creditors and debt collectors could still take you to court over outstanding debts that were past the statute of limitations. To get the suit dismissed, you’d have to show up to court and use the age of your debt as a defense.
Many borrowers failed to show up to court, in which case judges generally issue a summary judgment in favor of the plaintiff by default. That often gives them the right to begin the process of wage garnishment to collect the debt.
However, recent updates to Regulation F have changed the way this works. Starting November 30, 2021, lenders can no longer initiate or threaten to initiate lawsuits for debts that are past the statute of limitations.
That’s a significant increase in the protections for consumers, but there are still ways for debt collectors may try to win lawsuits for certain time-barred debts. For example, they might try to:
- Dispute when the statute of limitations clock started
- Argue that the statute of limitations isn’t applicable
- Apply the statute of limitations of your current state if it’s longer than the debt’s state of origin
If you do receive a court summons, make sure you show up for your appointment. Ignoring it automatically costs you the case, and you risk the judge issuing a warrant for your arrest for failure to appear, which is a felony in some states.
Bring all the documentation you have on the debt with you to your court appointment, and be prepared to make an argument for why the debt is time-barred. Legal representation is always beneficial if you can afford it.
Should I pay debts that are past the statute of limitations?
Dealing with debts that are past the statute of limitations is a complicated matter. There are significant legal, financial, and credit-related repercussions to letting a credit account be delinquent for years.
It’s always best to seek legal counsel and get expert advice for your situation. If you’re not sure of the best way to proceed, it’s better to wait until you have more information than to make a rash decision and trap yourself.
However, that doesn’t mean you can ignore the problem forever. Creditors and collectors can’t sue you for time-barred debts, but they can still try to get their money through other means. The account may also continue to accrue penalties and interest and damage your credit score.
Types of debt
The statutes of limitations laws in each state group debts into four types with separate rules for each one. Here’s an overview of each group and any credit accounts they usually include.
Oral agreements
While they’re much less common than written contracts in today’s world, you can still make a legally binding contract with an oral agreement. They are enforceable in court, though they’re harder to prove than written agreements.
That would mean you’ve borrowed money from someone and promised to repay it plus some interest or fee at a future date without writing these terms down. Oral agreements often occur between friends or family.
Written contracts
Written contracts include any amounts you’ve promised to pay a third party in exchange for goods or services. For example, if you sign a contract hiring a plumber to fix your sink for $1,000 then fail to pay them, they can sue you for the balance.
Medical debt generally falls into this category, but it has a different statute of limitations in some states.
Promissory notes
A promissory note is about what it sounds like – a promise to pay a fixed amount of money under specific conditions. The term is usually synonymous with an installment loan and includes credit accounts like mortgages, student loans, and auto loans.
That said, you can set up a promissory note that doesn’t follow an installment structure. For example, you might borrow money from a relative and sign a promissory note that says you’ll pay them back all at once at a future date.
Open-ended accounts
Open-ended accounts are a type of debt that doesn’t have a fixed repayment term. It generally refers to revolving accounts like credit cards and lines of credit that let you keep your balance open virtually indefinitely as long as you’re making payments.
Loan types with no statute of limitations
Most debt accounts fall under some type of statute of limitations, but there are a few exceptions. That means the creditors that own these accounts can sue you for the balances no matter how old they are.
These are some of the most common examples:
- Federal student loans
- Child support (in some states)
- State taxes like income or property (in some states)
Having a general understanding of statutes of limitations length is helpful, but make sure you double-check the local legislative rules for your credit account and consider asking a lawyer for help when the situation arises.
When does the statute of limitations clock start?
In general, the statute of limitations clock starts the last day you interact with the credit account. It may vary by state law, but that generally includes any of the following actions:
- Making a payment toward the balance
- Acknowledging that the debt belongs to you
- Agreeing to a payment plan or settlement agreement
- Adding charges to the credit account
If you’re hoping to use the statute of limitations as a defense against your debt, don’t make any moves without careful consideration. Be especially cautious about what you say to creditors or debt collectors when they contact you because a mistake could cause you to inadvertently reset the statute of limitations on your account.
What happens if I accidentally reset my debt’s statute of limitations countdown?
Accidentally resetting the statute of limitations allows creditors and debt collectors to renew their attempts at taking you to court to collect. In most cases, they’ll use the opportunity to initiate a lawsuit.
Not only does that mean you’ll have to deal with the hassle and expense of a court summons, but it could also cost you years of interest and fees. Many accounts accrue both while sitting idle, and the amount you owe could increase significantly.
Make sure you understand the different actions that can reset the clock and avoid them like the plague.
How does the statute of limitations affect my credit?
Reaching the statute of limitations requires years of inactivity on your account, which can drastically hurt your credit score.
If you miss a payment, most lenders report you as delinquent to the credit bureaus after 30 days. At that point, it will show up on your credit report and remain there for seven years.
The longer you wait to pay your account, the more damage it’ll do to your score. Because your payment history is worth such a significant part of your score (35% under FICO), the penalty for defaulting is always significant.
What is the credit reporting limit?
The credit reporting limit is the length of time that negative information can remain on your credit report and bring down your score. It’s not the same as the statute of limitations.
Most negative remarks stay on your credit report for seven years, including delinquent accounts. The main exceptions are hard inquiries, which disappear after two years, and some forms of bankruptcy, like Chapter 7, which stays for ten years.
Waiting for negative information to fall off your credit report and reach the statute of limitations is not a sustainable way to protect your credit. If you can afford to make minimum payments on your account, do so to protect your score, avoid confrontations with collectors, and minimize the growth of the debt.
If you can’t keep up with your account, consider debt relief options like:
- Debt settlements: Offer creditors a lump sum payment in return for settling the account.
- Debt management plan: Work with a non-profit credit counselor to build a budget, negotiate with creditors, and pay off your debt.
- Negotiation: Request better repayment terms from your creditor to work out a deal that benefits you both.
- Debt consolidation: Refinance all your loans into a single loan with a lower interest rate or payment.
Make sure you understand the repercussions of each of these options before attempting any. For example, debt settlement can be almost as bad for your score as bankruptcy, and negotiating your account can reset your statute of limitations.
Statute of limitations by state
Oral agreements, written contracts, promissory notes, and open-ended accounts have separate statutes of limitations. These are the laws for each type of debt in every state, as well as any exceptions to the general rules and a link to contact their attorney general office.
What is the statute of limitations on debt in Alabama?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Auto loan debt is technically considered a promissory note, but its statute of limitations is only 3 years in Alabama.
Contact: Alabama Attorney General’s Office.
What is the statute of limitations on debt in Alaska?
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
In general, Alaska’s statute of limitations on debt is 3 years. However, auto loan debt and state tax debt are exceptions, with statutes of limitations for 4 years and 6 years, respectively.
Contact: Alaska Attorney General’s Office.
What is the statute of limitations on debt in Arizona?
- Oral agreements: 3 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Auto loan debt and state tax debt have unique statutes of limitations in the state at 4 years and 10 years, respectively.
Contact: Arizona Attorney General’s Office.
What is the statute of limitations on debt in Arkansas?
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 5 years
Medical debt, auto loans, and state tax debts are all exceptions to the general rules in Arkansas. They have statutes of limitations for 2 years, 4 years, and 10 years, respectively.
Contact: Arkansas Attorney General’s Office.
What is the statute of limitations on debt in California?
- Oral agreements: 2 years
- Written contracts: 4 years
- Promissory notes: 4 years
- Open-ended accounts: 4 years
State tax debts are the only exception to the general rules in California. They have a 20-year statute of limitations in the state.
Contact: California Attorney General’s Office.
What is the statute of limitations on debt in Colorado?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
In general, the statute of limitations on debt in Colorado is 6 years. However, it’s only 4 years for auto loans.
Contact: Colorado Attorney General’s Office.
What is the statute of limitations on debt in Connecticut?
- Oral agreements: 3 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Auto loan and state tax debts are the exceptions here, with statutes of limitations for 4 years and 15 years, respectively.
Contact: Connecticut Attorney General’s Office.
What is the statute of limitations on debt in Delaware?
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Auto loans and state tax debts are exceptions in Delaware. They have statutes of limitations of 4 years and 20 years, respectively.
Contact: Delaware Attorney General’s Office.
What is the statute of limitations on debt in Florida?
- Oral agreements: 4 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 5 years
The statutes of limitations on common types of debt in Florida are consistent with the general rules above.
Contact: Florida Attorney General’s Office.
What is the statute of limitations on debt in Georgia?
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 4 years
The statute of limitations is 4 years for auto loans and 7 years for state tax debts.
Contact: Georgia Attorney General’s Office.
What is the statute of limitations on debt in Hawaii?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
The statute of limitations is 4 years for auto loans and 15 years for state tax debts.
Contact: Hawaii Attorney General’s Office.
What is the statute of limitations on debt in Idaho?
- Oral agreements: 4 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 5 years
The statute of limitations is 4 years for auto loans and 12 years for state tax debts.
Contact: Idaho Attorney General’s Office.
What is the statute of limitations on debt in Illinois?
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 5 years
The statute of limitations is 4 years for auto loans and 20 years for state tax debts.
Contact: Illinois Attorney General’s Office.
What is the statute of limitations on debt in Indiana?
- Oral agreements: 6 years
- Written contracts: 10 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
The statute of limitations is 4 years for auto loans and 10 years for state tax debts.
Contact: Indiana Attorney General Office.
What is the statute of limitations on debt in Iowa?
- Oral agreements: 5 years
- Written contracts: 5 years
- Promissory notes: 10 years
- Open-ended accounts: 5 years
The statute of limitations is 1 year for auto loans.
Contact: Iowa Attorney General’s Office.
What is the statute of limitations on debt in Kansas?
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 3 years
Auto loans have a statute of limitations of 4 years and state tax debts have a limit of 10 years.
Contact: Kansas Attorney General’s Office.
What is the statute of limitations on debt in Kentucky?
- Oral agreements: 5 years
- Written contracts: 15 years
- Promissory notes: 15 years
- Open-ended accounts: 5 years
The statute of limitations is 4 years for auto loans.
Contact: Kentucky Attorney General’s Office.
What is the statute of limitations on debt in Louisiana?
- Oral agreements: 10 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 3 years
The statute of limitations is 3 years for medical debt, auto loans, mortgages, and private student loans. State taxes have no limit.
Contact: Louisiana Attorney General’s Office.
What is the statute of limitations on debt in Maine?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 20 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years.
Contact: Maine Attorney General’s Office.
What is the statute of limitations on debt in Maryland?
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 12 years
- Open-ended accounts: 3 years
Auto loans and state taxes have a statute of limitations of 4 years and 7 years, respectively.
Contact: Maryland Attorney General’s Office.
What is the statute of limitations on debt in Massachusetts?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Mortgages and private student loans have a statute of limitations of 20 years. It’s 10 years for state tax debts and 4 years for auto loans.
Contact: Massachusetts Attorney General’s Office.
What is the statute of limitations on debt in Michigan?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years.
Contact: Michigan Attorney General’s Office.
What is the statute of limitations on debt in Minnesota?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loans and state taxes have statutes of limitations of 4 years and 5 years, respectively.
Contact: Minnesota Attorney General’s Office.
What is the statute of limitations on debt in Mississippi?
- Oral agreements: 3 years
- Written contracts: 6 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
State tax debts have a statute of limitations of 7 years.
Contact: Mississippi Attorney General’s Office.
What is the statute of limitations on debt in Missouri?
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 5 years
The statute of limitations is 4 years for auto loans and 5 years for state tax debts.
Contact: Missouri Attorney General’s Office.
What is the statute of limitations on debt in Montana?
- Oral agreements: 5 years
- Written contracts: 8 years
- Promissory notes: 8 years
- Open-ended accounts: 5 years
The statute of limitations is 4 years for auto loans and 10 years for state tax debts.
Contact: Montana Attorney General’s Office.
What is the statute of limitations on debt in Nebraska?
- Oral agreements: 4 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 4 years
The statute of limitations is 4 years for auto loans and 3 years for state tax debts.
Contact: Nebraska Attorney General’s Office.
What is the statute of limitations on debt in Nevada?
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 3 years
- Open-ended accounts: 4 years
The statute of limitations is 4 years for auto loans and 6 years for mortgages.
Contact: Nevada Attorney General’s Office.
What is the statute of limitations on debt in New Hampshire?
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Mortgages have a statute of limitations of 20 years, auto loans of 4 years, and medical debt of 6 years.
Contact: New Hampshire Attorney General’s Office.
What is the statute of limitations on debt in New Jersey?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years.
Contact: New Jersey Attorney General’s Office.
What is the statute of limitations on debt in New Mexico?
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 4 years
The statute of limitations is 4 years for auto loans and 10 years for state tax debts.
Contact: New Mexica Attorney General’s Office.
What is the statute of limitations on debt in New York?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
The statute of limitations for auto loans is 4 years.
Contact: New York Attorney General’s Office.
What is the statute of limitations on debt in North Carolina?
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
The statute of limitations is 4 years for auto loans and 10 years for state tax and mortgage debts.
Contact: North Carolina Attorney General’s Office.
What is the statute of limitations on debt in North Dakota?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
The statute of limitations is 4 years for auto loans and 10 years for mortgages.
Contact: North Dakota Attorney General’s Office.
What is the statute of limitations on debt in Ohio?
- Oral agreements: 6 years
- Written contracts: 8 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
The statute of limitations is 4 years for auto loans, 7 years for state tax debts, and 8 years for private student loan debts.
Contact: Ohio Attorney General’s Office.
What is the statute of limitations on debt in Oklahoma?
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 5 years
- Open-ended accounts: 5 years
State taxes have a statute of limitations of 10 years.
Contact: Oklahoma Attorney General’s Office.
What is the statute of limitations on debt in Oregon?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
The statute of limitations on auto loans is 4 years, and there is none for state tax debts.
Contact: Oregon Attorney General’s Office.
What is the statute of limitations on debt in Pennsylvania?
- Oral agreements: 4 years
- Written contracts: 4 years
- Promissory notes: 4 years
- Open-ended accounts: 4 years
There is no statute of limitations on state tax debts.
Contact: Pennsylvania Attorney General’s Office.
What is the statute of limitations on debt in Rhode Island?
- Oral agreements: 10 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 10 years
The statute of limitations is 4 years for auto loans and 3 or 6 years for state tax debts.
Contact: Rhode Island Attorney General’s Office.
What is the statute of limitations on debt in South Carolina?
- Oral agreements: 3 years
- Written contracts: 3 years
- Promissory notes: 3 years
- Open-ended accounts: 3 years
The statute of limitations is 20 years for mortgages, 6 years for auto loans, and 10 years for state taxes.
Contact: South Carolina Attorney General’s Office.
What is the statute of limitations on debt in South Dakota?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years, and it’s 3 years for state tax debts.
Contact: South Dakota Attorney General’s Office.
What is the statute of limitations on debt in Tennessee?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years.
Contact: Tennessee Attorney General’s Office.
What is the statute of limitations on debt in Texas?
- Oral agreements: 4 years
- Written contracts: 4 years
- Promissory notes: 4 years
- Open-ended accounts: 4 years
State tax debts have a statute of limitations of 3 years.
Contact: Texas Attorney General’s Office.
What is the statute of limitations on debt in Utah?
- Oral agreements: 4 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years.
Contact: Utah Attorney General’s Office.
What is the statute of limitations on debt in Vermont?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 14 years
- Open-ended accounts: 6 years
Auto loans have a statute of limitations of 4 years.
Contact: Vermont Attorney General Office.
What is the statute of limitations on debt in Virginia?
- Oral agreements: 3 years
- Written contracts: 5 years
- Promissory notes: 6 years
- Open-ended accounts: 3 years
Auto loan debt has a statute of limitations of four years. Mortgages have a statute of limitations of 5 years.
Contact: Virginia Attorney General’s Office.
What is the statute of limitations on debt in Washington?
- Oral agreements: 3 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
Auto loan debt and state tax debts have a statute of limitations of 4 years.
Contact: Washington Attorney General’s Office.
What is the statute of limitations on debt in West Virginia?
- Oral agreements: 5 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 10 years
Auto debt has a statute of limitations of 4 years and state tax debts have a statute of limitation of 5 years.
Contact: West Virginia Attorney General’s Office.
What is the statute of limitations on debt in Wisconsin?
- Oral agreements: 6 years
- Written contracts: 6 years
- Promissory notes: 6 years
- Open-ended accounts: 6 years
There are no notable exceptions in this state.
Contact: Wisconsin Attorney General’s Office.
What is the statute of limitations on debt in Wyoming?
- Oral agreements: 8 years
- Written contracts: 10 years
- Promissory notes: 10 years
- Open-ended accounts: 8 years
Auto loan debt and state tax debt are the exceptions here, with statutes of limitations of 4 years and 3 years, respectively.
Contact: Wyoming Attorney General’s Office.