The statute of limitations determines the number of years (as little as 3 and as many as 15) a creditor has to file a lawsuit against a debtor regarding a delinquent debt. Each state sets the statute of limitations for various types of contracts. Some states may even have a specific statute of limitation for credit card debt.
When the statute of limitation runs, that alone does not necessarily erase the debt or stop creditors from attempting to collect on the debt. However, your arguing that the statute of limitation has run may be a successful defense if a creditor sues you on a debt after the statute of limitations has run.
Certain actions, such as making a payment, can stop the clock (toll) or reset the clock on a debt’s statute of limitations. Each state has different rules for determining how their statute of limitations works for different types of debt.
Consult an attorney licensed to practice in your state if you have questions or concerns about the legal status of your debt or if a creditor or collector threatens to sue you for a debt that you believe is past its statute of limitations.
Here is a list of states and their statute of limitations for different types of contracts.
| In 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 | 4 | 4 | 4 |
| 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 |
Not all debts are subject to the above statutes of limitation. Federal student loans, child support payments, most types of legal fines and taxes may or may not be subject to a statute of limitations.
Consult an attorney licensed to practice in your state if you have questions or concerns about the status of your debt.