What is the statute of limitations on debt?
The statute of limitations on debt is the time a creditor or debt buyer has to sue you to collect, and for credit cards it is most often 6 years. States apply the period for written contracts, for open accounts, or a specific consumer-credit rule; New York, for example, gives 3 years for consumer credit debt and bars revival by a payment.[5] Texas gives 4 years.[4]
| State | Card / account debt | Written contract | Statute and revival rules |
|---|---|---|---|
| Alabama | 3 years3 years (open or unliquidated account); 6 years (account stated, loan or written contract) | 6 years | Ala. Code §§ 6-2-37, 6-2-34(5)Money due on a loan or on a stated or liquidated account is 6 years (§ 6-2-34(5)), so which period applies to a credit card suit depends on how the claim is pleaded. Only a partial payment made before the bar is complete, or an unconditional written promise signed by the debtor, removes the bar (§ 6-2-16). |
| Alaska | 3 years | 3 years | Alaska Stat. §§ 09.10.053, 09.10.110Debt claims are contract claims (3 years). A past-due payment of principal or interest restarts the period from the last payment (§ 09.10.210); an acknowledgment or promise must be in a signed writing (§ 09.10.200). No consumer-debt-specific statute was found. |
| Arizona | 6 years6 years (credit card debt); 3 years (open or stated account) | 6 years | A.R.S. §§ 12-548(A)(2), 12-543(2)Credit card debt is expressly 6 years, and § 12-548(B) applies Arizona's period even if another state's law conflicts. An acknowledgment of a barred debt counts only if in writing and signed (§ 12-508). |
| Arkansas | 3 years3 years (open account); 5 years (debt on a written agreement) | 5 years | Ark. Code Ann. §§ 16-56-105(1), 16-56-111Obligations not in writing are 3 years; written obligations, such as a signed credit agreement, are 5 years. A partial payment or written acknowledgment tolls the 5-year period (§ 16-56-111). No consumer-debt-specific limitation statute was found. |
| California | 4 years | 4 years | Cal. Code Civ. Proc. § 337(b), (d)Covers book accounts, accounts stated and open accounts based on written items, which includes typical credit card suits. Once the period runs, no one may sue, arbitrate or start any other proceeding to collect the debt, and the period can be extended only as provided in § 360 (signed written acknowledgment or promise) (§ 337(d)). |
| Colorado | 6 years | 3 years | Colo. Rev. Stat. § 13-80-103.5(1)(a)Applies to a liquidated debt or an unliquidated but determinable amount of money, which covers typical credit card and account balances. Claims under the Uniform Consumer Credit Code are 3 years (§ 13-80-101(1)(g)). No statutory revival rule for payments was found in these sections. |
| Connecticut | 6 years | 6 years | Conn. Gen. Stat. § 52-576(a)§ 52-576 expressly covers 'an action for an account' and simple, implied and written contracts, so credit card and account suits are generally 6 years. No consumer-debt-specific limitation statute or statutory revival rule was found; revival by acknowledgment or part payment is a case-law question. |
| Delaware | 3 years | 3 years | 10 Del. C. §§ 8106(a), 8108Applies to a debt not evidenced by a record or sealed instrument and to accounts of mutual debits and credits. A written, signed acknowledgment of a subsisting debt gives 6 years (§ 8109). No separate consumer-debt statute was found. |
| District of Columbia | 3 years | 3 years | D.C. Code § 28-3814(o)For consumer debt collection suits filed on or after September 1, 2021, the limit is 3 years whether the claim is contract, account stated, open account or a sealed instrument. After the period expires, a payment or written or oral affirmation does not restart it (§ 28-3814(l)), and suing on time-barred consumer debt is prohibited (§ 28-3814(f)(10)). |
| Florida | 4 years | 5 years | Fla. Stat. § 95.11(3)(j)§ 95.11(3)(j) expressly covers store accounts and contracts not founded on a written instrument. A credit card debt sued on a signed written agreement may fall under the 5-year written-instrument period (§ 95.11(2)(b)). Medical debt for services by a ch. 395 facility (hospitals, ambulatory surgical centers): 3 years from referral to a third party for collection (§ 95.11(4), added by ch. 2024-183, HB 7089). An acknowledgment of or promise to pay a time-barred debt revives it only if in writing and signed (§ 95.04). |
| Georgia | 4 years | 6 years | O.C.G.A. § 9-3-25§ 9-3-25 names open accounts expressly. A creditor that proves a signed written credit agreement may argue for the 6-year written-contract period (§ 9-3-24). A new promise or acknowledgment restarts the period only if it is in writing and signed by the debtor (§§ 9-3-110 to 9-3-112). |
| Hawaii | 6 years | 6 years | Haw. Rev. Stat. § 657-1(1)Credit card and other consumer debts are debts founded upon a contract (6 years). |
| Idaho | 4 years | 5 years | Idaho Code §§ 5-217, 5-222An account not founded on a writing is 4 years; a debt founded on a signed written agreement is 5 years (§ 5-216). Any payment of principal or interest counts as a new written promise and restarts the period; any other acknowledgment must be in writing and signed (§ 5-238). |
| Illinois | 5 years | 10 years | 735 ILCS 5/13-205Illinois courts generally apply the 5-year unwritten-contract period to credit card debt when the creditor cannot produce a single written document containing all the terms (Portfolio Acquisitions, L.L.C. v. Feltman, 391 Ill. App. 3d 642 (2009)). A creditor that proves a complete written contract may claim 10 years (§ 13-206). |
| Indiana | 6 years | 10 years | Ind. Code §§ 34-11-2-7(1), 34-11-2-9Accounts not in writing: 6 years (§ 34-11-2-7). Written contracts for the payment of money, such as a signed credit agreement or note: also 6 years (§ 34-11-2-9). |
| Iowa | 5 years | 10 years | Iowa Code § 614.1(4)Debts on an unwritten account fall under the 5-year unwritten-contract period. A creditor that sues on a signed written agreement may claim the 10-year written-contract period (§ 614.1(5)). |
| Kansas | 3 years | 5 years | K.S.A. § 60-512(1)An account not based on a signed writing is 3 years; a creditor that sues on a written agreement may claim 5 years (§ 60-511(1)). Part payment of principal or interest, or a written and signed acknowledgment or promise to pay, restarts the period (§ 60-520). |
| Kentucky | 5 years | 10 years | KRS 413.120(1), (9), (10)5 years applies to merchant's accounts and contracts not in writing. Credit card suits are unsettled in Kentucky: federal courts applying Kentucky law have used 5 years where the cardholder never signed the agreement, while a signed written agreement may fall under 10 years (KRS 413.160). No Kentucky statute specific to consumer debt revival was found. |
| Louisiana | 3 years | 10 years | La. Civ. Code arts. 3494, 34953 years for actions on an open account and on money lent (art. 3494). Prescription is interrupted when the debtor acknowledges the debt (art. 3464). No consumer-debt-specific limitation statute was found. |
| Maine | 6 years | 6 years | 14 M.R.S. § 752; 32 M.R.S. § 11013(8)A debt collector may not sue more than 6 years after the consumer's last activity on the debt, regardless of any longer period. Once that period expires, a later payment or a written or oral affirmation does not revive or extend it (32 M.R.S. § 11013(7)-(8), PL 2015, c. 272). In other contract cases, an acknowledgment or new promise restarts the clock only if it is express, in writing and signed (14 M.R.S. § 860). |
| Maryland | 3 years | 3 years | Md. Code, Cts. & Jud. Proc. §§ 5-101, 5-1202A creditor or collector may not file a consumer debt collection action after the limitations period expires, and a payment, written or oral affirmation, or other activity after expiration does not revive or extend it (§ 5-1202). |
| Massachusetts | 6 years | 6 years | M.G.L. c. 260, § 2Credit card and other consumer debt suits are contract actions with the 6-year period. |
| Michigan | 6 years | 6 years | MCL 600.5807(9)Credit card and other consumer debt suits are breach of contract claims with the 6-year period. |
| Minnesota | 6 years | 6 years | Minn. Stat. § 541.053Suits on consumer debt for personal, family or household purposes must be filed within 6 years, even if another state's longer period would otherwise apply under the borrowing statute (§ 541.31). After it expires, the period is not revived by a payment collected on the account, a bankruptcy discharge, or an oral or written reaffirmation (Laws 2013, ch. 104). |
| Mississippi | 3 years | 3 years | Miss. Code Ann. § 15-1-29Covers open accounts and accounts stated not acknowledged in a signed writing. Debts on a written agreement fall under the 3-year catch-all (§ 15-1-49), so most consumer debt has 3 years either way. |
| Missouri | 5 years | 10 years | Mo. Rev. Stat. § 516.120(1)Courts apply 5 years to credit card suits unless the creditor produces a signed writing with a promise to pay money, which brings in the 10-year period of § 516.110(1) (Capital One Bank v. Creed, Mo. Ct. App. 2007). A new promise or acknowledgment must be in a writing signed by the debtor (§ 516.320); a payment of principal or interest keeps its effect (§ 516.340). |
| Montana | 5 years | 6 years | Mont. Code Ann. § 27-2-202(2)5 years applies to a contract, account or promise not founded on a writing. A debt founded on a written instrument gets 6 years (§ 27-2-202(1)). A signed written acknowledgment or any payment of principal or interest restarts the period (§ 27-2-409). |
| Nebraska | 4 years | 5 years | Neb. Rev. Stat. § 25-2064 years applies to contracts not in writing, including accounts. A debt on a signed written agreement gets 5 years (§ 25-205). A voluntary payment of principal or interest, or a written acknowledgment or promise to pay, starts a new period (§ 25-216). |
| Nevada | 4 years | 6 years | Nev. Rev. Stat. § 11.190(2)(a)-(c)4 years for an open account for goods, a store account, or a contract not founded on a writing; a debt on a written contract gets 6 years. Since 2023, a payment or acknowledgment made after the period has expired does not revive it (§ 11.200(2)). Other acknowledgments must be in a signed writing (§ 11.390). |
| New Hampshire | 3 years | 3 years | N.H. Rev. Stat. Ann. § 508:4, ICredit card and other consumer debt suits fall under the general 3-year personal action period. RSA chapter 508 has no statutory rule on revival by payment or acknowledgment. |
| New Jersey | 6 years | 6 years | N.J. Stat. Ann. § 2A:14-1(a)Covers contract claims and accounts (other than trade accounts between merchants). A new promise or acknowledgment must be in a writing signed by the debtor; payments of principal or interest are treated separately (§ 2A:14-24). |
| New Mexico | 4 years | 6 years | N.M. Stat. Ann. §§ 37-1-4, 37-1-6Accounts and unwritten contracts: 4 years; a debt on a written contract: 6 years (§ 37-1-3(A)). Any partial payment, or a signed written admission or new promise, revives a contract claim (§ 37-1-16), but not periods set by the UCC (Autovest v. Agosto, 2025-NMSC-001). |
| New York | 3 years | 6 years | N.Y. C.P.L.R. § 214-iConsumer Credit Fairness Act (L. 2021, ch. 593, eff. April 7, 2022): suits against a consumer debtor arising from a consumer credit transaction, including credit cards, must be filed within 3 years, and once the period expires a payment, written or oral affirmation or other activity does not revive it. Business accounts: 6 years (CPLR 213(2)); other acknowledgments must be in a signed writing (Gen. Oblig. Law § 17-101). |
| North Carolina | 3 years | 3 years | N.C. Gen. Stat. § 1-52(1)Credit card and consumer debt suits fall under the 3-year contract period. A debt buyer may not sue or arbitrate on a debt it knows or should know is time-barred (§ 58-70-115(4)). A new promise or acknowledgment restarts the clock only if in a writing signed by the debtor, but the statute does not change the effect of a payment of principal or interest (§ 1-26). |
| North Dakota | 6 years | 6 years | N.D. Cent. Code §§ 28-01-16(1), 28-01-37Credit card and consumer debt suits use the 6-year contract period. A new promise or acknowledgment extends the period only if in a writing signed by the debtor, but the statute does not change the effect of a payment of principal or interest (§ 28-01-36). |
| Ohio | 6 years | 6 years | Ohio Rev. Code § 2305.07(C)Applies to any consumer transaction for personal, family or household purposes, including credit cards and accounts stated, whether or not in writing, and overrides the borrowing statute (added by SB 13, effective June 16, 2021). A payment, a written acknowledgment or a signed promise to pay starts a new period (§ 2305.08). |
| Oklahoma | 3 years | 5 years | Okla. Stat. tit. 12, §§ 95(A)(1)-(2), 101There is no consumer-debt-specific statute; an open account not in writing is 3 years, while a debt sued on a signed written agreement is 5 years. A part payment of principal or interest, or a written signed acknowledgment or promise to pay, starts a new period (§ 101). |
| Oregon | 6 years | 6 years | Or. Rev. Stat. §§ 12.080(1), 12.090Credit card and other consumer accounts use the 6-year contract period. Because interest and finance charges do not restart the clock, only a real purchase or payment moves the accrual date. |
| Pennsylvania | 4 years | 4 years | 42 Pa.C.S. § 5525(a)Credit card and consumer debt suits fall under the 4-year contract period whether the agreement is written or not. No Pennsylvania statute addresses revival by payment; under case law, a clear acknowledgment of the debt or a partial payment can restart the period. |
| Rhode Island | 10 years | 10 years | R.I. Gen. Laws § 9-1-13(a)Credit card and consumer debt suits fall under the 10-year general civil limit, one of the longest in the country. Sale-of-goods accounts may be 4 years under the UCC (§ 6A-2-725). |
| South Carolina | 3 years | 3 years | S.C. Code §§ 15-3-530(1), 15-3-610Credit card and consumer debt suits use the 3-year contract period. A new promise or acknowledgment must be in a signed writing, but payment of any part of principal or interest counts as a written promise and restarts the period (§ 15-3-120). |
| South Dakota | 6 years | 6 years | SDCL § 15-2-13(1)No consumer-debt-specific limitation statute. A new promise or acknowledgment restarts the period only if in a writing signed by the debtor, but the statute preserves the effect of a payment of principal or interest (§ 15-2-29). |
| Tennessee | 6 years | 6 years | Tenn. Code Ann. § 28-3-109(a)(3)Credit card and other consumer debt suits are contract actions with the 6-year period. |
| Texas | 4 years | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (c)Debt buyers may not sue or start arbitration on consumer debt after the 4-year period, and a payment or oral or written reaffirmation does not revive a barred debt (Tex. Fin. Code § 392.307, added by H.B. 996, eff. Sept. 1, 2019). For other creditors, an acknowledgment of a barred claim counts only if written and signed by the debtor (§ 16.065). |
| Utah | 4 years | 6 years | Utah Code § 78B-2-307(1)(b)–(c)Open store accounts and open accounts for services or materials: 4 years. A credit agreement founded on a writing is 6 years, running from the latest of when the debt arose, the debtor's written acknowledgment or promise to pay, or a payment on the debt by the debtor or a third party (§ 78B-2-309(2)), so a payment restarts the period. |
| Vermont | 6 years | 6 years | 12 V.S.A. § 511Credit card and other consumer debt suits fall under the 6-year general civil period. |
| Virginia | 3 years | 5 years | Va. Code §§ 8.01-246(A)(4), 8.01-249(8)5 years if the debt rests on a written contract signed by the debtor; merchant-to-merchant accounts 5 years from when dealings cease (§ 8.01-246(A)(2)–(3)). Medical debt: 3 years from the due date of the final invoice (§ 8.01-246(B), added by Acts 2024, c. 800). A written, signed promise or acknowledgment starts a new period (§ 8.01-229(G)). |
| Washington | 6 years | 6 years | RCW 4.16.040(2)An account receivable is any obligation incurred in the ordinary course of the creditor's business, so credit card and store accounts are usually 6 years; without a written agreement or account-receivable status, 3 years may apply (RCW 4.16.080(3)). Since 2019 (Laws of 2019, ch. 377) an acknowledgment or promise made after the period expires cannot revive it; a written signed acknowledgment before expiry can, and payments keep their effect (RCW 4.16.280). |
| West Virginia | 5 years | 10 years | W. Va. Code § 55-2-6An account not based on a signed writing is 5 years; a debt on a signed written contract is 10 years. A new promise or acknowledgment revives the claim only if in a writing signed by the debtor, and starts a new period of the same length (§ 55-2-8). |
| Wisconsin | 6 years | 6 years | Wis. Stat. § 893.43(1)A new promise or acknowledgment must be in a writing signed by the debtor (§ 893.45); the effect of payments is preserved (§ 893.48). Once the period expires, the right itself is extinguished, not just the remedy (§ 893.05). |
| Wyoming | 8 years | 10 years | Wyo. Stat. § 1-3-105(a)(i)–(ii)8 years for an account not based on a signed writing; 10 years if the debt rests on a written contract. No consumer-debt-specific statute. A payment, or a written acknowledgment or promise signed by the debtor, restarts the period from that date (§ 1-3-119). Debts incurred before the debtor moved to Wyoming: 5 years after establishing residence (§ 1-3-105(a)(iii)). |
Where the table shows two periods, courts in that state have treated credit card debt differently depending on whether the creditor can produce a signed written agreement; Florida, for example, uses 4 years for accounts not founded on a written instrument and 5 years for written contracts.[6]
When does the clock start on a credit card debt?
For most credit card accounts the clock starts at default, which is usually the first missed payment that was never made up, or the date of the last payment. A charge-off, a sale of the debt to a debt buyer or a new collection agency does not restart it. In many states, though, a new payment or a signed written acknowledgment of the debt does restart the clock, and some states require the acknowledgment to be in writing to count.[6]
- Payment can restart the clock in many states. Some, such as New York and Texas, have changed the law so that payment on a time-barred consumer debt does not revive it.[5][4]
- Moving to another state does not simply give the creditor a new period. Many states have “borrowing statutes” that apply the shorter of two states’ deadlines, and card agreements often choose the bank’s home-state law.
- A judgment is different. Once a creditor wins a judgment, the debt is collectible for the much longer judgment period (often 10 to 20 years, and renewable).
Time-barred debt: what collectors can and cannot do
A time-barred debt still exists, and a collector may still ask you to pay it, but a debt collector may not sue or threaten to sue to collect it under the CFPB’s Regulation F.[1] If a collector does sue on a time-barred debt, you generally must appear and raise the statute of limitations as a defense; a court will not apply it automatically, and a default judgment is enforceable. You have one year from a violation to sue a debt collector under the Fair Debt Collection Practices Act.[2]
Statute of limitations vs. the 7-year credit report rule
The lawsuit deadline and the credit reporting period are different clocks. Under the Fair Credit Reporting Act, most accounts placed for collection or charged off may stay on your credit report for 7 years, measured from 180 days after the delinquency began, regardless of the state’s statute of limitations.[3] Paying an old debt does not restart the 7-year reporting period, even in states where it restarts the lawsuit deadline.
Statute of limitations on debt after death
When someone dies, their debts are paid from their estate, not by relatives (unless a relative co-signed or was a joint account holder). Creditors must file claims in the probate case within short deadlines set by probate law. In Florida, a claim must be filed within 3 months after the first publication of the notice to creditors, and no claim can be enforced against the estate more than 2 years after the death.[8][9] Other states use similar notice-based deadlines, often with an outer limit of about one or two years after death.
Example
A cardholder in a 4-year state misses the June 2021 payment and pays nothing after that. The creditor must sue by June 2025. If the cardholder sends $25 in March 2024 in a state where payment revives the debt, a new 4-year period may run from March 2024. In New York, the same payment would not revive the debt.[5]
State detail: the statute of limitations on debt in Texas, the Florida statute of limitations (including its 2024 medical-debt rule) and the statute of limitations for New York. To find the date for your state, use the statute of limitations calculator and choose “Credit card / account debt”. If a creditor sues for a small amount, it may be in small claims court; see the small claims limit by state.
Frequently asked questions
What is the statute of limitations on credit card debt?
Usually 6 years (18 jurisdictions) or 3 years (15), from 3 years to 10 years overall, counted from default or the last payment.
Does paying a little restart the statute of limitations?
In many states, yes: a partial payment or written acknowledgment starts a new period. Some states, including New York and Texas, do not let a payment revive time-barred consumer debt. Check your state’s note before paying an old debt.
Can a debt collector sue me after the statute of limitations?
Federal Regulation F prohibits debt collectors from suing or threatening to sue on time-barred debt. If you are sued anyway, respond and raise the statute of limitations as a defense; otherwise the court may enter a default judgment.
Is the statute of limitations on debt by state the same as the credit report time limit?
No. Negative accounts generally drop off credit reports after 7 years under federal law, regardless of the state lawsuit deadline, which can be shorter or longer.
Sources
- 12 CFR § 1006.26: collection of time-barred debts (Regulation F)
- 15 U.S.C. § 1692k: civil liability under the Fair Debt Collection Practices Act (one-year limit, § 1692k(d))
- 15 U.S.C. § 1681c: requirements relating to information contained in consumer reports (7-year rule)
- Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (c): credit card / account debt limitation period
- N.Y. C.P.L.R. § 214-i: credit card / account debt limitation period
- Fla. Stat. § 95.11(3)(j): credit card / account debt limitation period
- Cal. Code Civ. Proc. § 337(b), (d): credit card / account debt limitation period
- Fla. Stat. § 733.702: limitations on presentation of claims against an estate
- Fla. Stat. § 733.710: limitations on claims against estates (2 years after death)