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Statute of Limitations for Unpaid Debts

  • ebuck6
  • Apr 16
  • 9 min read

Updated: 4 days ago

Statutes of limitations are established to protect debtors from being exposed to debt collectors or creditors for a specific length of time and prevent those debtors from being exposed to legal actions for old debts.

What Is the Statute of Limitations for Debt?

The statute of limitations for debt is the amount of time during which a creditor is legally entitled to pursue collection actions against a debtor for an unpaid debt. A debt is considered past the statute of limitation when the creditor is no longer legally allowed to pursue the debt through the court system.

How Is Determined the Statute of Limitations on Debt Collection?

The statute of limitations on debt collection is determined by two factors: 1. The type of debt, and 2. The state in which the debt was incurred or specified in the contract. Therefore, the type of debt within the scope of the statute of limitations will depend on how the debt was created and the applicable law from the particular state. For example, it could be debt on a written contract, oral contract, open-ended contract (usually credit cards), or even promissory notes. In addition, it is important to know that the debt for a judgment obtained against you may have a different statute of limitations than a debt collection such as credit cards.

The following chart lists the statute of limitations for each state. To know if your debt is time-barred you must be aware of the specific laws for your jurisdiction.

State Collection of Debt on an Account Source For more information available:

Must I Pay a Debt That Is Passed the Statute of Limitations?

After the statute of limitations has expired, the creditor is barred from attempting to take any legal action against you to recover the debt, and you are no longer legally required to pay for your outstanding debts. However, it is important to understand that said debt technically exists and the debtor may still try to contact you requesting payment. The Federal Trade Commission(“FTC”) points out that if a debtor agrees to payments agreements or even makes a payment for a debt that is statute-barred, in some states, the debt is revived. For instance, if you agree to make a payment for an old debt or acknowledge the debt in any way, the statute of limitations is reset, and the creditor is now legally allowed to sue you for the debt that is owed. Also, even if the debt is statute-barred this does not mean that the debt may still not lower your credit score or make it more difficult for you to get a new line of credit. Attorney Mathew Higbee who has extensive experience representing clients with financial hardships says that “you must be aware of the statute of limitations on your unpaid debts to avoid restarting the clock because you could be exposed to costly consequences such as lawsuit, wage garnishments and negative credit scores”. It is crucial for you to protect yourself.

For more information, visit Debt Collection FAQs | Consumer Advice (ftc.gov)

How Should I Protect Myself?

There are a few important points that you need to know: • Track the statute of limitations on your debts, • Avoid making a payment on your debt with an approaching expiration date, • Do not acknowledge any debt that is statute-barred, and • Be careful how you communicate with your creditors to avoid resetting the clock.

If you are considering our debt relief program, it is important to be aware of the statute of limitations for your specific situation. Since the statute of limitations is complex and differs from state to state, our experienced attorneys are happy to help you and advise you about the best solution for your situation. If the statute of limitations has expired and a creditor tries to sue you, the best thing to do is contact one of our consumer attorneys.

state

Collection of Debt on an


Account

Source

For more information


available

Alabama

For a collection of debt on an


open unliquidated account, the statute of limitations is 3


years.


For a collection of debt on a


liquidated account, the


statute of limitations is 6


years.

Ala. Code § 6-2-1

Alaska

The statute of limitations is 3 years.

A.S. § 09.10.053

Arizona

The statute of limitations is 3 years.

A.R.S. § 12-543(2)

Arkansas

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years.

Ark. Code Ann. §16-56-111; Ark. Code Ann. §16-56-111

California

The statute of limitations is 4 years.

C.A. Civ. Proc. § 337

Colorado

The statute of limitations is 6 years.

CO. Rev. Stat. § 13-80-103.5 (2021)

Connecticut

The statute of limitations is 6 years.

CT. Gen. Stat. § 52-576

Delaware

The statute of limitations is 3 years.

DE. Code § 8106

District of Columbia

The statute of limitations is 3 years.

D.C. § 12-301 (8) 

Florida 

The statute of limitations is 5 years.

F.L. §95.11

Georgia 

The statute of limitations is 4 years. 

O.C.G.A. § 9-3-25

Hawaii 

The statute of limitations is 6 years. 

Ha. § 657-1

Idaho 

For collection of a debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of a debt on an account, where there is an oral agreement, the statute of limitations is 4 years.

Idaho Code §5-216 and 5-217

Illinois 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 10 years.For collection of debt on an account, where is an oral agreement, the statute of limitations is 5 years.

735 ILCS 5/13-206

Indiana 

The statute of limitations is 6 years.

Ind. Code § 34-11-2-7

Iowa 

The statute of limitations is 5 years.

I.C.A. § 614.1(5)(b)

Kansas 

For a collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For a collection of debt on an account, where is an oral agreement, the statute of limitations is 3 years.

K.S.A. § 60-511(1)); K.S.A. § 60-512(1))

Kentucky 

For a collection of debt on an account, where there is an agreement in writing celebrated after July 15, 2014, the statute of limitation is 10 years.For a collection of debt on an account, where there is an agreement in writing celebrated before July 15, 2014, the statute of limitations is 15 years.For a collection of debt on an account, where is an oral agreement, the statute of limitations is 5 years.

K.R.S. § 413.160; K.R.S. § 413.090) and K.R.S. § 413.120 (1)

Louisiana 

The statute of limitations is 3 years.

L.A. Civ. Code § 3494(4)

Maine 

The statute of limitations is 6 years.

M.R.S.A. Tit. 14 § 752

Maryland 

The statute of limitations is 3 years.

Cts. & Jud. Proc.§5-101

Massachusetts 

The statute of limitations is 6 years. 

MGL. Code 260, § 2

Michigan 

The statute of limitations is 6 years.  

MLC §600.5813

Minnesota 

The statute of limitations is 6 years. 

Minn. Stat. § 541.053

Mississippi 

The statute of limitations is 3 years. 

Miss. Code § 15-1-29

Missouri 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 10 years.

§516.10(1)

Montana 

For collection of debts, where an agreement is in writing, the statute of limitations is 8 years.For such collections, where an agreement in writing cannot be found, the statute of limitations is 5 years.

M. Code Ann. §27-2-202(3).

Nebraska 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 4 years.

Neb. §25-206

Nevada 

The statute of limitations is 4 years.

Nev. §11.190(2)(a)

New Hampshire 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 3 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years.

N.H. §508:4

New Jersey 

The statute of limitations is 6 years.

N.J.S.A §2A:14-1

New Mexico 

The statute of limitations is 4 years.

NMS § 37-1-4

New York 

The statute of limitations is 3 years.

N.Y. Civ. Prac. L. & R. §214-i

North Carolina 

The statute of limitations is 3 years.

N.C.G.S. § 1-52(1)

North Dakota 

The statute of limitations is 6 years.

N.D.C.C. § 28-01-16(1)

Ohio 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 6 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 6 years.

OH. §2305.06

Oklahoma 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years.

Okla. Stat. tit. 12 § 95(2) and Okla. Stat. tit. 12 § 95(1)

Oregon 

The statute of limitations is 6 years.

ORS. §12.080(2)

Pennsylvania 

The statute of limitations is 4 years.

Pa. C.S. Tit. 42 § 5525

Rhode Island 

The statute of limitations is 10 years.

R.I. Gen. L. § 9-1-13

South Carolina 

The statute of limitations is 3 years.

S.C. Code § 15-3-530

South Dakota 

The statute of limitations is 6 years.

S.D.C. § 15-2-13

Tennessee 

The statute of limitations is 6 years.

Tenn. Code Ann. § 28-3-109

Texas 

The statute of limitations is 4 years.

T.C.P.R.C. § 16.004(a)(3)

Utah  

The statute of limitations is 4 years.

U.C.A. § 78B-2-307

Vermont 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 6 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 6 years.

V.S.A. Tit. 12 § 507

Virginia 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 5 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 3 years. 

V. §8.01-246(4) and to §8.01-246(2).

Washington 

The statute of limitations is 6 years.

R.C.W. § 4.16.040 (2)

West Virginia 

The statute of limitations is 5 years.

W.V. Code § 55-2-6

Wisconsin 

The statute of limitations is 6 years.

Wis. Stat. § 893.43

Wyoming 

For collection of debt on an account, where there is an agreement in writing, the statute of limitations is 10 years.For collection of debt on an account, where there is an oral agreement, the statute of limitations is 8 years.

W.Y. Stat. § 1-3-105(a)(I))

 

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