Statute Of Limitations
For Debts
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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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