Statute
Of Limitations For Debts
The statute of limitations (SOL) for a delinquent debt is the time
limit for the creditor to file a lawsuit. This period starts when the
debtor becomes delinquent. The fact that the SOL has "run" (expired) on
a particular debt will not necessarily prevent a
lawsuit from being filed (via a Summons And Complaint), but the
defendant can have the suit dismissed on this basis.
The Statute Of
Limitations only covers lawsuits, and SOL
expiration does not affect other types of
collection action or reporting of the account to credit bureaus. The
creditor or collection agency may theoretically continue with letters
and telephone calls forever (although third-party collectors are
subject to the "cease and desist" provision of the Fair Debt
Collection Practices Act.) However, they will generally put
much less effort into collecting "Out-Of-Statute" debts, and may give
up easily. Out-Of-Statute debts can still be reported to credit bureaus
for the time limits specified in the Fair Credit
Reporting Act.
Credit cards are
generally considered Open Accounts. Auto loans and other installment
agreements are Written Contracts. If there has already been a lawsuit
resulting in a judgment, that judgment has a separate Statute Of
Limitations, which you can find here.
(The numbers on this
chart indicate years.)
State
|
Oral
Agreements
|
Written
Contracts
|
Promissory
Notes
|
Open
Accounts
|
Alabama
|
6
|
6
|
6
|
3
|
Alaska
|
6
|
6
|
6
|
6
|
Arizona
|
3
|
6
|
5
|
3
|
Arkansas
|
3
|
5
|
6
|
3
|
California
|
2
|
4
|
4
|
4
|
Colorado
|
6
|
6
|
6
|
6
|
Connecticut
|
3
|
6
|
6
|
6
|
Delaware
|
3
|
3
|
6
|
3
|
D.C.
|
3
|
3
|
3
|
3
|
Florida
|
4
|
5
|
5
|
4
|
Georgia
|
4
|
6
|
6
|
4
|
Hawaii
|
6
|
6
|
6
|
6
|
Idaho
|
4
|
5
|
10
|
4
|
Illinois
|
5
|
10
|
6
|
5
|
Indiana
|
6
|
10
|
10
|
6
|
Iowa
|
5
|
10
|
5
|
5
|
Kansas
|
3
|
5
|
5
|
3
|
Kentucky
|
5
|
15
|
15
|
5
|
Louisiana
|
10
|
10
|
10
|
3
|
Maine
|
6
|
6
|
6
|
6
|
Maryland
|
3
|
3
|
6
|
3
|
Massachusetts
|
6
|
6
|
6
|
6
|
Michigan
|
6
|
6
|
6
|
6
|
Minnesota
|
6
|
6
|
6
|
6
|
Mississippi
|
3
|
3
|
3
|
3
|
Missouri
|
5
|
10
|
10
|
5
|
Montana
|
5
|
8
|
8
|
5
|
Nebraska
|
4
|
5
|
6
|
4
|
Nevada
|
4
|
6
|
3
|
4
|
New
Hampshire
|
3
|
3
|
6
|
3
|
New
Jersey
|
6
|
6
|
6
|
6
|
New
Mexico
|
4
|
6
|
6
|
4
|
New York
|
6
|
6
|
6
|
6
|
North
Carolina
|
3
|
3
|
5
|
3
|
North
Dakota
|
6
|
6
|
6
|
6
|
Ohio
|
6
|
15
|
15
|
?
|
Oklahoma
|
3
|
5
|
5
|
3
|
Oregon
|
6
|
6
|
6
|
6
|
Pennsylvania
|
4
|
6
|
4
|
6
|
Rhode
Island
|
15
|
15
|
10
|
10
|
South
Carolina
|
10
|
10
|
3
|
3
|
South
Dakota
|
6
|
6
|
6
|
6
|
Tennessee
|
6
|
6
|
6
|
6
|
Texas
|
4
|
4
|
4
|
4
|
Utah
|
4
|
6
|
6
|
4
|
Vermont
|
6
|
6
|
5
|
6
|
Virginia
|
3
|
5
|
6
|
3
|
Washington
|
3
|
6
|
6
|
3
|
West
Virginia
|
5
|
10
|
6
|
5
|
Wisconsin
|
6
|
6
|
10
|
6
|
Wyoming
|
8
|
10
|
10
|
8
|
The information above is
believed to be accurate at the time of the creation of this page, and
is for reference only. We are not attorneys, and
nothing here should be construed as or relied upon as legal advice. If
you are concerned about possible lawsuits, you may wish to confirm this
with your state's Civil Code and/or a qualified attorney. If you find
any discrepancies or errors here, please let us know at: webmaster@cardreport.com.
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