Your FDCPA rights
Statute of Limitations on Debt by State
The statute of limitations on debt determines how long collectors have to sue you. Learn your state's limit and how it affects you.
Federal Law Protects You
The statute of limitations on debt is a state law that limits how long a creditor or collector can sue you to collect a debt. After the deadline passes, the debt becomes "time-barred" and any lawsuit can be dismissed.
What do people ask about statute of limitations on debt by state?
What are typical statute of limitations periods?
Most states have statutes of 3 to 6 years for open-ended accounts (credit cards) and 5 to 10 years for written contracts (personal loans). Medical debt is usually 3 to 6 years. Some states like Rhode Island have statutes as short as 3 years; others like Kentucky allow up to 15 years for written contracts.
When does the statute of limitations start?
Typically from the date of your last payment or the date the account became delinquent (date of first default). It is not the date the debt was originally created. Different states define the starting date differently.
What happens if a collector sues after the statute expires?
You must raise the statute of limitations as a defense in your answer to the lawsuit. Courts will not raise it on your behalf. If you do not respond, you will get a default judgment even on a time-barred debt. Always respond to lawsuits and consult an attorney immediately.
Does the statute of limitations affect my credit report?
No — these are separate systems. A debt typically falls off your credit report 7 years from first delinquency regardless of the statute of limitations. A debt can be time-barred but still on your report, or off your report but still within the lawsuit window.
Related Resources
This information is for educational purposes only and does not constitute legal advice. Laws vary by state. Consult a licensed attorney for guidance specific to your situation.
Read our methodology - how this data is sourced, computed, and verified.
Related
Every figure on PlainCollector is rendered directly from federal source data, no number is typed in by an editor. This page draws directly on federal source data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error.
| Publisher | PlainCollector |
| Sources | the CFPB Consumer Complaint Database |