By Ali Zane — Over 20 years of experience i, debt settlement, and consumer credit law.
Depending on the type of debt, the state you live in and date of last payment, creditors have a specific amount of time to sue you.
That’s where the statute of limitations (SOL) comes in.
It’s a state law that sets a deadline on how long a creditor or debt collector has to file a lawsuit against you. Once that deadline passes, the debt becomes “time-barred” — meaning they can no longer take you to court over it.
But here’s the catch: the statute of limitations does NOT erase the debt. You still technically owe it, and collectors can still call you and send letters.
This guide breaks down the statute of limitations on debt in all 50 states, explains how it works, what can reset the clock, and what to do if a debt collector is coming after you — whether the debt is time-barred or not.
How Does the Statute of Limitations on Debt Work?
Every state has its own statute of limitations laws, and the timeframe depends on what type of debt you have. The four main categories are:
Credit Cards (Open-Ended Accounts): This includes credit cards and revolving lines of credit. These are the most common debts that get sold to collectors like Midland Credit, Portfolio Recovery, Cavalry Portfolio Services, and LVNV Funding.
Written Contracts (Loans): This includes personal loans, auto loans, student loans, and any debt where you signed a written agreement with specific repayment terms.
Oral Agreements: These are debts based on a verbal agreement — no written contract. They’re less common but they do exist, and they usually have a shorter statute of limitations.
Court Judgments: If a creditor already sued you and won a judgment, there’s a separate (usually longer) statute of limitations on how long they can enforce that judgment. Many states also allow judgments to be renewed, which can extend enforcement indefinitely.
When Does the Clock Start?
In most states, the statute of limitations clock starts running on the date of your last payment or your first missed payment — whichever triggered the default. For example, if you made your last payment on a credit card in March 2021 and your state has a 4-year statute of limitations on credit card debt, the SOL would expire around March 2025.
This is a general rule — some states calculate it differently, and the original contract may specify which state’s laws apply. If you’re unsure, consult with an attorney or a debt settlement professional.
Statute of Limitations on Debt by State — Complete Table
Below is the statute of limitations for four types of debt in all 50 states plus Washington, D.C. Keep in mind that state laws can change — always verify the current SOL in your state before making any decisions about old debt.
| State | Credit Cards (Open-Ended) | Written Contracts (Loans) | Oral Agreements | Court Judgments |
|---|---|---|---|---|
| Alabama | 6 years | 6 years | 6 years | 20 years |
| Alaska | 3 years | 3 years | 3 years | 10 years |
| Arizona | 6 years | 6 years | 3 years | 5 years |
| Arkansas | 5 years | 5 years | 5 years | 10 years |
| California | 4 years | 4 years | 2 years | 10 years |
| Colorado | 6 years | 6 years | 6 years | 20 years |
| Connecticut | 6 years | 6 years | 3 years | 20 years |
| Delaware | 3 years | 3 years | 3 years | 10 years |
| Florida | 5 years | 5 years | 4 years | 20 years |
| Georgia | 6 years | 6 years | 4 years | 7 years |
| Hawaii | 6 years | 6 years | 6 years | 10 years |
| Idaho | 5 years | 5 years | 4 years | 6 years |
| Illinois | 5 years | 10 years | 5 years | 7 years |
| Indiana | 6 years | 10 years | 6 years | 10 years |
| Iowa | 5 years | 10 years | 5 years | 20 years |
| Kansas | 5 years | 5 years | 3 years | 5 years |
| Kentucky | 5 years | 15 years | 5 years | 15 years |
| Louisiana | 3 years | 10 years | 10 years | 10 years |
| Maine | 6 years | 6 years | 6 years | 20 years |
| Maryland | 3 years | 3 years | 3 years | 12 years |
| Massachusetts | 6 years | 6 years | 6 years | 20 years |
| Michigan | 6 years | 6 years | 6 years | 10 years |
| Minnesota | 6 years | 6 years | 6 years | 10 years |
| Mississippi | 3 years | 3 years | 3 years | 7 years |
| Missouri | 5 years | 10 years | 5 years | 10 years |
| Montana | 5 years | 8 years | 5 years | 10 years |
| Nebraska | 5 years | 5 years | 4 years | 5 years |
| Nevada | 6 years | 6 years | 4 years | 6 years |
| New Hampshire | 3 years | 3 years | 3 years | 20 years |
| New Jersey | 6 years | 6 years | 6 years | 20 years |
| New Mexico | 6 years | 6 years | 4 years | 14 years |
| New York | 6 years | 6 years | 6 years | 20 years |
| North Carolina | 3 years | 3 years | 3 years | 10 years |
| North Dakota | 6 years | 6 years | 6 years | 10 years |
| Ohio | 6 years | 8 years | 6 years | 5 years |
| Oklahoma | 5 years | 5 years | 3 years | 5 years |
| Oregon | 6 years | 6 years | 6 years | 10 years |
| Pennsylvania | 4 years | 4 years | 4 years | 5 years |
| Rhode Island | 10 years | 10 years | 10 years | 20 years |
| South Carolina | 3 years | 3 years | 3 years | 10 years |
| South Dakota | 6 years | 6 years | 6 years | 20 years |
| Tennessee | 6 years | 6 years | 6 years | 10 years |
| Texas | 4 years | 4 years | 4 years | 10 years |
| Utah | 6 years | 6 years | 4 years | 8 years |
| Vermont | 6 years | 6 years | 6 years | 8 years |
| Virginia | 5 years | 5 years | 3 years | 20 years |
| Washington | 6 years | 6 years | 3 years | 10 years |
| Washington, D.C. | 3 years | 3 years | 3 years | 12 years |
| West Virginia | 10 years | 10 years | 5 years | 10 years |
| Wisconsin | 6 years | 6 years | 6 years | 20 years |
| Wyoming | 8 years | 10 years | 8 years | 5 years |
Important: State laws change. This table reflects current statutes as of early 2026, but you should always verify with an attorney or check your state’s code before relying on these figures. Some states also apply different SOL rules depending on whether the creditor’s or debtor’s state law governs the contract.
Being Contacted by a Debt Collector?
If you have a debt over $6,000 with Midland Credit, Portfolio Recovery, LVNV, Cavalry, Jefferson Capital, American Express, or Zwicker & Associates — we can help settle for less and may save you over 65%. Plus, we get it completely removed from your credit report.
📞 (323) 983-8973 · 📧 info+sol@imaxcredit.com
What Can Reset the Statute of Limitations?
This is critical. In many states, certain actions can restart the clock on the statute of limitations, giving the collector a brand new window to sue you. Common actions that may reset the SOL include:
Making a partial payment — Even a small payment of $5 or $10 can restart the clock in some states.
Acknowledging the debt in writing — Sending a letter that says “I know I owe this” could be enough.
Entering a new payment arrangement — Agreeing to a payment plan, even verbally, may restart the SOL in certain states.
Making a written promise to pay — Signing any new agreement related to the debt.
This is exactly why debt collectors call you and try to get you to say “yes, I owe this” or trick you into making a small payment. Do not make any payments or acknowledge a debt to a collector until you understand your rights and the SOL in your state.
Owe Over $4,000 to a Debt Collector?
If you have a debt over $6,000 with ANY OF THESE CREDITORS :
Midland Credit, Portfolio Recovery, Cavalry, LVNV, Jefferson Capital, American Express, or Zwicker & Associates — we can help settle for less and may save you 65%
Get Your Free Consultation ( if you’re dealing with any of the creditors listed above)
📞 Call us: (323) 983-8973 · 📧 info+sol@imaxcredit.com
IF YOU”RE ABOUT TO BE SUED OR ALREADY SUED ? — Read these articles
What Happens If You’re Sued on a Time-Barred Debt?
Here’s something most people don’t realize: debt collectors can still file a lawsuit against you even after the statute of limitations has expired. It’s not automatically illegal to file the suit — but you have an absolute defense if you respond properly.
The problem is, most people don’t respond. If you ignore a lawsuit summons — even on a time-barred debt — the collector can win a default judgment against you. And once they have a judgment, they can garnish your wages, freeze your bank account, and put liens on your property.
If you’re served with a lawsuit on an old debt, here’s what you need to do:
Step 1: Don’t ignore it. Respond within the deadline (usually 20–30 days depending on your state). File your answer with the court.
Step 2: Raise the statute of limitations as an affirmative defense. In your answer, state that the debt is time-barred under your state’s SOL. This is a defense you must raise — the judge won’t do it for you.
Step 3: Request proof of the debt. Under the Fair Debt Collection Practices Act (FDCPA), you have the right to demand that the collector verify the debt. Many junk debt buyers can’t produce the original signed agreement.
Step 4: Get help. If you owe $6,000 or more, a professional can handle the entire process for you — from responding to the lawsuit, to negotiating a settlement, to getting the account removed from your credit report through arbitration.
SOL vs. Credit Reporting: They’re Not the Same Thing
This is one of the biggest areas of confusion. The statute of limitations controls how long a creditor can sue you. The credit reporting period controls how long the debt can appear on your credit report.
Under the Fair Credit Reporting Act (FCRA), most negative items — including collection accounts — can appear on your credit report for 7 years from the date of first delinquency. This is a federal rule and applies in all 50 states, regardless of the state’s SOL.
So it’s entirely possible for a debt to be:
Past the SOL but still on your credit report — You can’t be sued, but it’s still hurting your score. This is common in states with short SOLs like California (4 years), North Carolina (3 years), and Mississippi (3 years).
Past the credit reporting period but still within the SOL — It’s off your credit report, but you could still be sued. This happens in states with long SOLs like Kentucky (15 years for written contracts), Rhode Island (10 years), and Wyoming (10 years).
Understanding both timelines is critical when deciding how to handle old debt.
🎉 The Good News: We Can Help — For Free
If you have a debt over $4,000 with Midland Credit Management, Portfolio Recovery Associates, Cavalry Portfolio Services, LVNV Funding/Resurgent Capital, Jefferson Capital Systems, American Express, or Zwicker & Associates — we can help settle for less and save you over 50%. Free consultation, no pressure, no obligation.
📞 (323) 983-8973 · 📧 info+settlement@imaxcredit.com
If $6k+ debt with any of the following companies, we may help you settle for 35% (and save you thousands)
AMERICAN EXPRESS
MIDLAND CREDIT MANAGEMENT
LVNV FUNDING
JEFFERSON CAPITAL
PORTFOLIO RECOVERY
CAVALRY PORTFOLIO
Whether your debt is within the statute of limitations or time-barred, the reality is this: as long as a collection account is sitting on your credit report, it’s dragging down your credit score and costing you money every time you apply for credit, a mortgage, or even a job.
At Imax Credit Repair, we don’t just settle debts — we get them completely removed from all three credit bureaus. Here’s our process:
Step 1: Free Consultation. We review your debts, check the statute of limitations in your state, and determine the best strategy.
Step 2: We Negotiate Settlement. We work directly with the collector to settle for the lowest possible amount — often 35% of the original balance. For example, a $40,000 Midland Credit account might settle for as little as $12,000.
Step 4: Full Credit Report Deletion. The collection account is removed from your credit report as if it never existed. Your credit score recovers, and you move forward with a clean record.
We specialize in debts of $6,000 and above with major debt buyers and collectors including Midland Credit Management, Portfolio Recovery Associates, Cavalry Portfolio Services, LVNV Funding/Resurgent Capital, Jefferson Capital Systems, American Express, and Zwicker & Associates.
Frequently Asked Questions
Can a debt collector sue me after the statute of limitations expires?
Technically, they can file the lawsuit — but you have an absolute defense. If you respond and raise the SOL defense, the case should be dismissed. The danger is ignoring the lawsuit, which can result in a default judgment against you even on time-barred debt.
Does the statute of limitations apply to the state where I live or where the creditor is?
This depends on the contract and your state’s laws. Some credit card agreements specify which state’s laws govern the contract. In some cases, the collector must follow the SOL of either your state or the original creditor’s state — whichever is shorter. An attorney can help you determine which SOL applies.
What happens if I make a payment on an old debt?
In many states, making any payment — even $1 — can restart the statute of limitations, giving the collector a fresh window to sue you. This is why you should never make a payment on old debt without understanding the consequences first.
Can a debt collector call me about a time-barred debt?
Yes. Even after the SOL expires, collectors can still contact you by phone, mail, or email to try to collect. However, under the FDCPA, they cannot threaten to sue you if the debt is time-barred. If they do, that’s a violation you can report.
How is the statute of limitation’s different from credit reporting?
The SOL determines how long a creditor can sue you. This varies from state to state The credit reporting period (usually 7 years under the FCRA) determines how long the debt can appear on your credit report. They run on different clocks and are governed by different laws.
What if I’m being sued by a collection company?
Then you want to reach out to a debt defense attorney or settle. Generally, if its a debt under $6k, you’re better off settling it. Call the lawfirm right away and make an offer. At the same time, make sure to lodge your response to the court in writing, otherwise the other side wins the case by default.
For debts over $6,000 Imax can help settle your debt for lower either of the following companies:
Midland, Amex, LVNV Funding, Portfolio Recovery, Cavalry Portfolio, Jefferson Capital or Amex.
Contact Imax Credit Repair. We handle these cases regularly and can negotiate a settlement for a fraction of what you owe while getting the account fully deleted from your credit report through arbitration. Call us at (323) 983-8973 for a free consultation.
Does bankruptcy affect the statute of limitations?
Filing for bankruptcy creates an automatic stay that halts all collection activity, including lawsuits. However, bankruptcy doesn’t change the underlying statute of limitations. If a bankruptcy case is dismissed without a discharge, the SOL clock may resume where it left off.
What should I do if a collector is trying to collect on a very old debt?
First, don’t acknowledge the debt or make any payments. Request validation of the debt in writing. Check the statute of limitations in your state. If the debt is time-barred, you can send a cease-and-desist letter. If you owe $6,000 or more, contact us for a free case review — we may be able to get the account settled and deleted.
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