If a debt collector is chasing you for an old balance, you might not legally owe them a thing. Every state sets a time limit—called the statute of limitations—on how long a creditor or debt collector can sue you for unpaid debt. Once that time runs out, the debt becomes “time-barred,” meaning it’s no longer enforceable in court.
But that doesn’t mean the calls will stop—or that the debt will disappear from your credit report. Knowing how the statute of limitations works can protect you from paying money you don’t legally owe and help you avoid making mistakes that could restart the clock.
What is the statute of limitations on debt?
The statute of limitations is the legal time limit for how long a creditor or debt collector can sue you to collect a debt. Once that deadline passes, the debt becomes time-barred. That means you can’t be forced to pay it through a court judgment—even though collectors may still try to get you to pay voluntarily.
It’s important to know that the statute of limitations has nothing to do with how long a debt stays on your credit report. Those are two separate timelines. In most cases, negative items stay on your credit report for up to seven years, even if the debt is no longer legally collectible.
Why It Matters
Once a debt passes the statute of limitations, a collector can no longer win a lawsuit against you—unless you give them a way back in. That’s why it’s important to know your rights and not agree to pay or even acknowledge the debt until you’ve confirmed whether it’s expired.
In some states, even making a small payment or saying the debt is yours can restart the clock. That gives the collector a fresh timeline to take legal action, even if the original expiration date was already close.
How To Tell If Your Debt Is Time-Barred
Figuring out whether a debt is time-barred comes down to two things: the date of last activity and the laws in your state. Here’s how to check.
- Find the date of last activity – This is the last time you made a payment or acknowledged the debt in writing.
- Identify the type of debt – Credit card, personal loan, auto loan, or medical debt all fall into different categories.
- Check your state’s time limits – Every state has different limits depending on the type of debt.
- Do the math – Subtract the year of last activity from the current year. If the number is greater than the time limit in your state, the debt is likely time-barred.
Example:
Let’s say you stopped paying a credit card in 2019. If you live in a state with a 4-year limit on credit card debt, and it’s now 2025, that debt is past the statute of limitations. A collector can still ask you to pay, but they can’t sue you to collect.
What happens if a debt is past the statute of limitations?
Just because a debt is time-barred doesn’t mean collectors will stop contacting you. In most states, they’re still allowed to ask for payment—it’s just that they can’t sue you to force it. If you don’t know the statute has expired, you might pay it anyway or make a mistake that resets the clock.
That’s why you should never make a payment or promise to pay until you’ve confirmed the statute of limitations. In some states, even acknowledging the debt in writing can restart the timeline.
Can you still be sued after the statute of limitations expires?
Yes, you can still be sued—even if the statute of limitations has expired. But if you show up to court and raise the expired statute as your defense, the case should be dismissed. This is called an “affirmative defense,” and the court won’t apply it unless you bring it up.
If you ignore the summons and don’t show up, the court may issue a default judgment against you. That gives the collector the right to garnish your wages or freeze your bank account, even though the lawsuit never should’ve gone forward.
What to Do If You Get a Summons
If you’re sued over an old debt, don’t panic—but don’t ignore it either. Here’s what to do:
- Check the date of last activity – Figure out when you last made a payment or acknowledged the debt.
- Look up your state’s statute of limitations – Match the type of debt to the correct time limit.
- Respond to the summons – You must reply to avoid a default judgment. If the debt is time-barred, mention that as part of your defense.
- Consider legal help – A consumer attorney can confirm your rights and may help get the case thrown out quickly.
Common Types of Debt and Their Limits
Different types of debt fall under different legal categories, and each one can have a different statute of limitations depending on your state.
- Oral Agreements – Verbal promises to repay a debt. These are harder to prove and often have the shortest time limits.
- Written Contracts – Signed agreements like medical bills or gym memberships. Most states give these a longer window to be enforced.
- Promissory Notes – Formal documents promising repayment, often with set terms. Student loans and mortgages often fall into this category.
- Revolving Accounts – Credit cards and HELOCs are considered open-ended credit. These revolving lines of credit have their own timeframes that differ from other debt types.
Statute of Limitations on Debt Collection by State
This chart shows how long creditors and collectors have to sue you, depending on the type of debt and the state. “Open-ended accounts” refers to revolving credit like credit cards.
For quicker reference, you can sort this table by debt type or download a copy [insert downloadable PDF or table link if applicable].
| State | Open-Ended (Credit Cards) | Oral | Written | Promissory |
|---|---|---|---|---|
| Alabama | 3 | 6 | 6 | 6 |
| Alaska | 3 | 6 | 6 | 3 |
| Arizona | 3 | 3 | 6 | 6 |
| Arkansas | 3 | 3 | 5 | 5 |
| California | 4 | 2 | 4 | 4 |
| Colorado | 3 | 6 | 6 | 6 |
| Connecticut | 3 | 3 | 6 | 6 |
| Delaware | 4 | 3 | 3 | 3 |
| District of Columbia | 3 | 3 | 3 | 3 |
| Florida | 4 | 4 | 5 | 5 |
| Georgia | 6* | 4 | 6 | 6 |
| Hawaii | 6 | 6 | 6 | 6 |
| Idaho | 4 | 4 | 5 | 5 |
| Illinois | 5 | 5 | 10 | 10 |
| Indiana | 6 | 6 | 10 | 10 |
| Iowa | 5 | 5 | 10 | 5 |
| Kansas | 3 | 3 | 6 | 5 |
| Kentucky | 5 | 5 | 15 | 15 |
| Louisiana | 3 | 10 | 10 | 10 |
| Maine | 6 | 6 | 6 | 6 |
| Maryland | 3 | 3 | 3 | 6 |
| Massachusetts | 6 | 6 | 6 | 6 |
| Michigan | 6 | 6 | 6 | 6 |
| Minnesota | 6 | 6 | 6 | 6 |
| Mississippi | 3 | 3 | 3 | 3 |
| Missouri | 5 | 5 | 10 | 10 |
| Montana | 8 | 5 | 8 | 8 |
| Nebraska | 4 | 4 | 5 | 5 |
| Nevada | 4 | 4 | 6 | 3 |
| New Hampshire | 3 | 3 | 3 | 6 |
| New Jersey | 6 | 6 | 6 | 6 |
| New Mexico | 4 | 4 | 6 | 6 |
| New York | 6 | 6 | 6 | 6 |
| North Carolina | 3 | 3 | 3 | 5 |
| North Dakota | 6 | 6 | 6 | 6 |
| Ohio | 6 | 6 | 15 | 15 |
| Oklahoma | 3 | 3 | 5 | 5 |
| Oregon | 6 | 6 | 6 | 6 |
| Pennsylvania | 4 | 4 | 4 | 4 |
| Rhode Island | 4 | 10 | 5 | 6 |
| South Carolina | 3 | 3 | 3 | 3 |
| South Dakota | 6 | 6 | 6 | 6 |
| Tennessee | 6 | 6 | 6 | 6 |
| Texas | 4 | 4 | 4 | 4 |
| Utah | 4 | 4 | 6 | 6 |
| Vermont | 3 | 6 | 6 | 5 |
| Virginia | 3 | 3 | 5 | 6 |
| Washington | 3 | 3 | 6 | 6 |
| West Virginia | 5 | 5 | 10 | 6 |
| Wisconsin | 6 | 6 | 6 | 10 |
| Wyoming | 8 | 8 | 10 | 10 |
*In Georgia, courts have ruled that the statute of limitations on credit card debt may be 6 years, even though state law lists 4 years.
*Iln California, debt collectors must clearly state if a debt is time-barred in their first written communication. This notice is required once the statute of limitations has expired.
Does moving to another state affect the statute of limitations on debt?
Yes. The statute of limitations can vary depending on where you live now versus where you lived when you opened the account. In most cases, the rules are based on the state listed in your original credit card or loan agreement. Many contracts include a “governing law” clause that names the state whose laws will apply.
However, if you’ve moved, a collector may try to use the statute of limitations from your current state—especially if it gives them more time to sue. Whether that argument holds up in court depends on the judge, the contract, and which side presents the stronger case. If the contract doesn’t specify a state, courts often apply the rules that are more favorable to the consumer.
Does debt still appear on your credit report?
Yes. Even if a debt is too old to be collected in court, it may still appear on your credit report. That’s because credit reporting is governed by the Fair Credit Reporting Act (FCRA), which sets a different timeline.
In most cases, negative items like collections and charge-offs stay on your report for seven years from the date of first delinquency. That’s true even if the statute of limitations on collecting that debt is only three or four years in your state.
The debt won’t automatically be removed when it becomes time-barred—but it will lose its power in court.
Should you pay a time-barred debt?
If a debt is past the statute of limitations, think carefully before agreeing to pay. In some states, even a small payment can reset the clock and give collectors a fresh window to sue you.
Here’s what to consider:
- Don’t acknowledge the debt – Saying it’s yours could restart the statute of limitations.
- Don’t make a payment – This can restart the clock in many states, even if it’s only $5.
- Don’t enter a payment plan – Agreeing to pay over time can count as renewing the obligation.
Only consider paying if you have a written agreement that the collector will delete the item from your credit report in exchange for payment—and you’ve confirmed the timeline won’t reset.
What to Do If You’re Being Harassed
Debt collectors must follow federal rules under the Fair Debt Collection Practices Act (FDCPA). They’re not allowed to threaten you, call at odd hours, or lie about what they can legally do.
If a collector is breaking the law, you can report them:
You also have the right to tell a collector to stop contacting you. Send the request in writing by certified mail, and keep a copy for your records. Once they receive it, they’re only allowed to contact you once more to confirm they got your letter or to say they plan to take legal action.
Final Thoughts
If a debt collector contacts you, don’t assume you still legally owe the money. Every state limits how long a collector has to sue you—and once that time is up, the debt becomes time-barred.
Before you respond or make any payment, check the last date of activity on the account and compare it to the statute of limitations for your type of debt and state. A simple mistake—like acknowledging the debt or agreeing to a payment—could restart the clock and put you back on the hook.
Know your rights, confirm your dates, and protect yourself before you engage with any collection attempt.
