No. 01  ·  Free legal instruments  ·  No lead capture, ever Legal data verified — July 2026

Statute of limitations · Debt

Statute of limitations on debt

The statute of limitations on a debt is the deadline for a creditor or collector to sue you to collect it. It runs from your last payment or the date you defaulted, and is roughly three to ten years depending on your state and whether the debt is a written contract, oral contract, or open account. Once it expires the debt is time-barred — still owed, but no longer enforceable in court.

Quick answer

In most states a creditor has three to six years to sue on a written contract or credit-card debt, and often less on an oral one — measured from your last payment or the date you defaulted. Beware the trap: in most states a partial payment or a written acknowledgment can restart the clock from zero (“re-aging”). Once the period expires the debt is time-barred — it can still appear on your credit report for up to seven years, but a court will dismiss a collection suit if you raise the expired deadline, and under the federal FDCPA a collector who sues (or threatens to sue) on debt they know is time-barred is breaking the law. Pick your state in the calculator for its periods.

Cited State periods use the same data as our per-state pages; the re-aging and time-barred-debt rules are cited to the FDCPA (15 U.S.C. § 1692) and state law. Last reviewed July 21, 2026. How we verify · Educational only, not legal advice.

§ 1 · The instrument

Calculate when a debt becomes time-barred

Pick the debt type and enter the date of your last payment or the date the account went into default — whichever is later. The calculator uses each state's limitation period; contract periods are shown as general figures, not individually cited.

Verify with an attorney

Method & source

The state's limitation period is added to the date you entered. Real deadlines shift with discovery rules, tolling for minors, and government-claim notice periods that can expire within months.

Show our work  The math, and the laws behind it

    Educational estimate — not legal advice. Confirm your deadline with a licensed attorney immediately.
    Sources  Personal-injury limitation periods, cited by statute

    Each personal-injury period below was verified against the cited statute on July 11, 2026, from the current official state code, cross-checked against independent 50-state surveys. Two states changed their period recently and the calculator splits on the effective date: Florida (four years → two, March 24, 2023) and Louisiana (one year → two, July 1, 2024). This table is generated from the same data the calculator uses, so the two cannot disagree. Other claim types in the tool are not yet individually cited.

    StateYearsStatute
    § 2

    Statute of limitations on debt by state, cited

    The period depends on your state and the kind of agreement. A written contract — including most credit-card agreements — usually gets the longest period; an oral contract is often shorter. The table below shows the states we have verified against their primary statute; the calculator above covers all 50 states plus DC. Click a state for its full cited page.

    StateWritten contractOral contractStatute
    California4 years2 yearsCal. Civ. Proc. Code §§ 337, 339
    Florida5 years4 yearsFla. Stat. § 95.11(2)(b), (3)
    Texas4 years4 yearsTex. Civ. Prac. & Rem. Code § 16.004
    New York6 years6 yearsN.Y. C.P.L.R. § 213(2)
    Illinois10 years5 years735 ILCS 5/13-206, 5/13-205
    Georgia6 years4 yearsO.C.G.A. §§ 9-3-24, 9-3-25
    Michigan6 years6 yearsMCL 600.5807(9)
    Ohio6 years4 yearsORC 2305.06, 2305.07

    Periods for other states are in the calculator as general figures and are not yet individually cited — confirm your state's written- and oral-contract statutes, or ask an attorney, before relying on a number. A credit card is generally treated as a written contract or open account; a few states apply a shorter "open account" period, and which state's law governs can itself be disputed.

    § 3

    When does the clock on a debt start?

    For most consumer debt the limitations clock starts on the date of your last activity on the account — typically your last payment, or the date the account first went delinquent and was never brought current. It does not restart every month just because a balance is still owed, and it does not start over when a debt is sold to a collector: a buyer takes the debt with the same clock that was already running.

    This is why the single most useful date is the day you last paid. Pull the account's payment history, find that date, enter it in the calculator above, and add your state's period. If you cannot find it, a debt collector must — on request — tell you information about the debt, and your credit report shows a "date of first delinquency" that anchors the timeline.

    § 4

    Can making a payment restart the statute of limitations?

    In most states, yes — and this is the trap that costs people their strongest defense. A partial payment, a written promise to pay, or even a written acknowledgment that the debt is yours can reset the clock to zero, a process called re-aging. A debt that was months from becoming time-barred can suddenly have years back on it because of one "good-faith" payment or a recorded phone admission.

    The rule and its form vary: some states require the acknowledgment to be in writing and signed to revive the debt, while others give effect to a partial payment alone. Because the stakes are the loss of a complete legal defense, treat any old debt as fragile: find out whether the period has already run before you pay anything, promise anything, or confirm the debt in writing.

    § 5

    What happens when a debt is time-barred?

    Once the limitations period expires the debt is time-barred. The money is still legally owed — but a court can no longer be used to force you to pay it, provided you raise the expired deadline. That defense is not automatic: if a collector sues and you ignore it, you can lose by default judgment even though the debt was time-barred. Show up and raise the statute of limitations, and the case is dismissed.

    Federal law backs this up. Under the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.), a debt collector who sues or threatens to sue on a debt they know or should know is time-barred is engaging in a false, deceptive, or unfair practice. The Consumer Financial Protection Bureau's Regulation F also requires certain disclosures before collecting time-barred debt. Separately, a time-barred debt can still appear on your credit report for up to seven years from the first delinquency — the credit-reporting clock and the lawsuit clock are different things.

    § 6

    Written contract, oral contract, or credit card?

    The category controls the period. A written contract — a signed loan, most credit-card agreements, a promissory note — usually gets the longest period, often four to ten years. An oral contract (nothing signed) is frequently shorter. Some states use a separate "open account" or "account stated" period for revolving balances like credit cards, and a promissory note may fall under yet another rule.

    Credit cards are the common gray area: most courts treat them as written contracts or as open accounts, but which applies — and which state's law governs when you moved or the card agreement names another state — can decide whether a suit is timely. When two periods could apply, do not assume the longer one; the shorter often controls, and a collector will argue for whichever keeps its suit alive.

    § 7

    Being sued on an old debt? Read this first

    The statute of limitations is an affirmative defense — it works only if you assert it. If you have been served, do not ignore the suit and do not admit the debt or offer a payment before you have checked the dates: silence risks a default judgment, and an admission or payment can re-age the debt. Confirm the last-payment date, apply your state's period with the calculator above, and if the suit was filed after the deadline, raising that in your written answer is typically a complete defense.

    § 8

    Sources

    The state contract periods in the table are cited to each state's primary statute and were verified on July 21, 2026; the federal debt-collection and credit-reporting rules are cited to the U.S. Code and CFPB regulations. Periods for states not in the table are shown in the calculator as general figures and are not individually cited.

    1. Written / oral contract periods — Cal. Civ. Proc. Code §§ 337, 339; Fla. Stat. § 95.11; Tex. Civ. Prac. & Rem. Code § 16.004; N.Y. C.P.L.R. § 213(2); 735 ILCS 5/13-206, 5/13-205; O.C.G.A. §§ 9-3-24, 9-3-25; MCL 600.5807; ORC 2305.06, 2305.07
    2. Suing or threatening to sue on time-barred debt as a prohibited practice — Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (esp. §§ 1692e, 1692f)
    3. Time-barred-debt collection disclosures — CFPB Regulation F, 12 C.F.R. part 1006
    4. Seven-year limit on reporting most debts — Fair Credit Reporting Act, 15 U.S.C. § 1681c
    5. Revival by partial payment or signed written acknowledgment — governed by each state's contract law and varies by state

    State periods verified against primary statutory sources — July 21, 2026

    § 9

    Common questions

    What is the statute of limitations on debt?

    It is the deadline for a creditor or collector to sue you to collect a debt. It runs from your last activity on the account — usually the last payment or the date of default — and ranges from about three to ten years depending on your state and whether the debt is a written contract, oral contract, or open account like a credit card.

    Does making a payment restart the statute of limitations on a debt?

    In most states, yes. A partial payment or a written acknowledgment of the debt can restart the clock from zero — called re-aging. Before paying or promising to pay on an old debt, check whether the period has already expired, because a single payment can revive it.

    Can a debt collector still sue me after the statute of limitations passes?

    They can file, but the expired statute of limitations is a complete defense you must raise — if you do, the case is dismissed. Under the federal FDCPA (15 U.S.C. § 1692 et seq.), a collector who sues or threatens to sue on debt they know is time-barred is breaking the law. The debt still exists and can be reported for up to seven years, but it is no longer enforceable in court.

    Is the debt deadline the same for written and oral contracts?

    Usually not. Most states give written contracts a longer period than oral ones — California is four years written versus two oral, and Ohio is six versus four. A credit card is generally treated as a written contract or open account. Choose your state in the calculator for its periods.