Statute of limitations on debt by state

Frequently asked questions

What is the statute of limitations on credit card debt?

It depends on the state and on whether courts treat the card as an open account or a written contract. Most states fall between 3 and 6 years. A few states, including Iowa, Kansas, Nebraska and Utah, have not settled the question, so we flag them.

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

In many states a partial payment or a signed acknowledgment restarts a running clock. Several states, including California, New York, Nevada, Maryland and DC, bar reviving consumer debt that is already time-barred.

Can a debt collector sue on a time-barred debt?

No. Reg F prohibits a debt collector from suing or threatening to sue on a time-barred debt (12 CFR 1006.26(b)), whether or not it knew the period had run. Collectors can still contact the consumer in other lawful ways.

Which state's statute of limitations applies to a debt?

Usually the state where the lawsuit is filed. Borrowing statutes and choice-of-law clauses can bring in a shorter period from another state, so check with counsel.

Is there a statute of limitations on federal student loans?

No. Federal law removes time limits on collecting federal student loans. Private student loans follow the state contract period.