Key takeaway: The SOL is an expiration date on the creditor's ability to sue — not on the debt itself. Once it passes, the debt is time-barred and any lawsuit should be dismissed if you raise the defense. But it's not automatic — you must respond and plead it.
- What is the statute of limitations on debt?
- Statute of limitations by state — 2026 chart
- Choice of law clauses: which state's rules actually apply?
- How to find your SOL category
- When does the clock start?
- What resets the clock? (The traps)
- Time-barred debt — your rights and options
- State-specific consumer protection laws
- SOL vs. credit report window — two different clocks
- What if you're sued after the SOL has passed?
- Frequently asked questions
What Is the Statute of Limitations on Debt?
Think of the SOL as an expiration date — not on the debt itself, but on the creditor's ability to sue you in court to collect it. Once the SOL runs out, the debt becomes "time-barred." The creditor can still call, send letters, and ask you to pay. But if they take you to court and you raise the defense, the case should be dismissed.
Two things worth knowing right away: the debt doesn't disappear — a time-barred debt still legally exists, the SOL just removes the court system as a collection tool. And the SOL is separate from your credit report — these two clocks run independently under different rules.
Statute of Limitations by State — 2026 Chart
The column you'll use most is Credit Cards (Open-Ended) — that covers most consumer credit-card debt. Written contracts cover personal loans, medical bills with signed agreements, and most other loan types.
| State | Credit Cards | Written Contracts | 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 | 3 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. New York reduced its consumer credit-card SOL from 6 years to 3 years in 2022. Always verify current statutes at your state attorney general's website or via lawhelp.org before making any decision based on these numbers.
Quick reference for credit-card debt:
- Shortest (3 years): Alaska, Delaware, Maryland, Mississippi, New Hampshire, New York, North Carolina, South Carolina, Washington D.C.
- Longest (10 years): Rhode Island, West Virginia
- Outlier: Wyoming at 8 years
Choice of Law Clauses: Which State's Rules Actually Apply?
You live in California. Your credit card was issued by a bank headquartered in Delaware. Which state's SOL applies? It might not be California's. Most credit-card agreements contain a "choice of law" or "governing law" clause — it typically says something like: "This agreement is governed by the laws of the State of Delaware." Banks like Chase and Citibank are often chartered in Delaware or South Dakota because those states have historically favorable banking laws.
Courts handle this in different ways. Some apply the SOL of the state where the lawsuit is filed. Others follow the contractual clause. Several states have "borrowing statutes" that automatically apply the shorter of the two windows as a consumer-protection measure.
💡 What this means in practice: Pull your original cardholder agreement and look for the governing-law section. Check both your state's SOL and the state named in the agreement. If you've moved across state lines since opening the account, a short consultation with a consumer attorney is often worth it.
How to Find Your SOL Category
| Debt Type | Category | Notes |
|---|---|---|
| Credit cards | Open-ended account | Most states have a separate (often shorter) SOL for revolving credit |
| Personal loans | Written contract | You signed a fixed repayment agreement |
| Medical bills | Written contract or open-ended | Depends on whether you signed a payment agreement |
| Payday loans | Written contract | Varies significantly by state |
| Auto loans | Written contract | Secured debt — SOL still matters for deficiency balances |
| Federal student loans | Special rules | No SOL for administrative collection; state SOL may apply to private loans |
| Verbal / handshake deal | Oral contract | Shortest SOL in most states; harder to prove in court |
When Does the Clock Start?
In most states the clock begins on the date of your last payment or your first missed payment — whichever triggered the default. How to find your date of last activity:
- Pull free credit reports at annualcreditreport.com and look for "date of first delinquency"
- Cross-reference with your own bank statements
- Send a debt validation letter — collectors must provide the date of last activity in writing
What Resets the Clock? (The Traps)
Actions that typically reset the clock:
- Making any payment — even $1 or $10
- Acknowledging the debt in writing
- Making a promise to pay (in some states even a recorded verbal promise)
- Entering a new payment arrangement
Actions that do NOT restart the clock:
- Receiving a collection call
- Being served with a lawsuit (responding is different)
- Having the debt sold to a new collector
- The debt appearing on your credit report
⚠️ The good-faith payment trap: Collectors know how the clock works. The most common trap is asking for a small "good-faith payment" to "hold" a settlement offer. Even $10 — in many states — restarts the SOL completely, giving them a brand-new window to sue.
The right response when you're unsure whether a debt is time-barred:
Time-Barred Debt — Your Rights and Options
What collectors can still do: call and ask for payment, send letters, report to credit bureaus until the 7-year FCRA window closes.
What they cannot legally do: win a lawsuit if you raise the SOL defense, threaten to sue if they know the debt is time-barred (FDCPA violation), or misrepresent the legal status of the debt.
Your realistic options:
- Do nothing. They can't win in court. You may still get calls, but you're protected.
- Send a cease-and-desist letter under the FDCPA. They must stop contacting you except to notify you of specific legal actions.
- Negotiate a very small settlement. Because the creditor has almost no leverage, you may be able to settle for pennies. This only makes sense if the debt is still on your credit report. Be careful: in some states any payment restarts the SOL.
- Pay-for-delete. Some collectors will remove the account in exchange for payment. See the pay-for-delete guide.
State-Specific Consumer Protection Laws
The federal FDCPA sets the floor. Many states have gone further.
California
The Rosenthal Act extends FDCPA-style protections to original creditors, not just third-party collectors. California also requires collectors to disclose when a debt is time-barred.
New York
Reduced the SOL for consumer debt to 3 years (2022). Collectors face strict disclosure and record-keeping requirements. New York City adds another layer through its own consumer-protection agency.
Colorado
Overhauled its debt-collection statute in 2022 with tighter communication rules and stronger private-right-of-action remedies including actual damages and attorney fees.
Illinois
The Collection Agency Act imposes licensing requirements and limits wage garnishment to 15% of gross wages — a meaningful protection if a creditor ever gets a judgment.
Florida
Debt-collection agencies must register with the state. Florida's head-of-household wage-garnishment exemption can significantly limit what a creditor can collect even after winning a judgment.
Texas
Wage garnishment for most consumer debts is prohibited entirely (with limited exceptions for taxes, student loans, child support, and alimony). Collecting on a judgment in Texas is significantly harder than in most states.
SOL vs. Credit Report Window — Two Different Clocks
The SOL controls how long a creditor can sue you — it's state law and varies by state and debt type. The credit-reporting period controls how long a debt can appear on your report — a federal FCRA rule: most negative items stay for seven years from the date of first delinquency, regardless of when the debt is sold.
💡 Time-barred but still on your report: Your state has a 3-year SOL and you're four years past your last payment. The creditor can no longer win a lawsuit, but the debt still appears until the 7-year mark.
Off your report but still within the SOL: You live in a state with a 10-year SOL. At year 8 the debt drops off your credit report and your score recovers — but the creditor still has two more years to file a lawsuit.
What If You're Sued After the SOL Has Passed?
Filing a lawsuit on a time-barred debt happens more than it should. Some collectors file knowing most people won't respond, which leads to a default judgment — and once they have a judgment, the SOL is irrelevant.
⚠️ The SOL is not an automatic defense. You have to raise it. Respond within the deadline on your summons (typically 20–30 days) and state the expired statute of limitations as an affirmative defense in your written Answer. If you don't respond, the court enters a default judgment regardless of how old the debt is.
If a collector sued after the SOL expired and knew the debt was time-barred, that itself may be an FDCPA violation. The complete step-by-step process is in our guide on what to do if you're sued for debt.
Frequently Asked Questions
How do I find out when my statute of limitations started?
Pull free credit reports at annualcreditreport.com and look for "date of first delinquency." You can also send a written debt-validation request — the collector must provide the date of last activity.
Does the SOL reset if my debt is sold to a collector?
No. Selling the debt does not restart the clock. What does reset it in most states is a new payment or a written acknowledgment from you.
Can a collector sue me after the SOL expires?
They can file, but you have a complete defense if you respond and raise it. The danger is ignoring the summons and getting a default judgment.
Does paying part of a debt restart the clock?
In most states, yes — even a small partial payment. That's why collectors push for "good-faith" payments on old accounts. Confirm your state's rules before paying anything on a potentially time-barred debt.
What happens if I move to a different state?
It depends on your state's laws and the original agreement. Some states apply their own SOL to residents; others look at the choice-of-law clause. A quick consultation with a consumer attorney is often worthwhile if you've crossed state lines.
Does the SOL apply differently to medical debt?
Medical debt generally follows the written-contract SOL, but several states have enacted extra restrictions specifically on medical-debt collection and credit reporting. This area has been changing quickly.
If the debt is time-barred, do I have to pay it?
You cannot be forced to pay through the court system. Whether to pay is a personal decision that depends on whether the debt is still affecting your credit, whether a meaningful settlement is on the table, and whether your state's clock-revival rules make payment risky.
What if a collector threatens to sue on a time-barred debt?
If they explicitly threaten legal action on a debt they know is time-barred, that can violate the FDCPA. Document the threat and report it to the CFPB.
- How to Settle Debt Yourself — the full negotiation process using SOL as leverage
- Sued for Debt? — how to raise the SOL as an affirmative defense
- Debt Validation Letter — get the date of last activity in writing before deciding anything
- Pay-for-Delete Letter — often more viable with time-barred debt
- What Is a Charge-Off? — understand the 7-year credit-report clock vs. the SOL clock