Statute of Limitations (Debt)

Every state sets a deadline on how long a creditor or debt buyer has to actually sue you over a debt — that’s the statute of limitations. Once it passes, the debt becomes “time-barred”: they can still call and ask for money, but if you point out in court that the deadline’s passed, they generally can’t win a judgment.

These deadlines come from state law, not federal law, so they vary a lot — usually somewhere between 3 and 6 years (and up to 10 in a few states), depending on your state and whether the debt was a written agreement or something more informal. See states with the shortest statute of limitations, ranked for the exact figure and citation across 20 states. Two things tend to get argued over most in these cases: which state’s law actually applies, and when the clock started running (usually your last payment or the date you defaulted — not the day you originally opened the account). If you think a debt you’re being contacted about might already be time-barred, see Statute of Limitations Expiration for what to do next, or use the statute of limitations checker to run your own state and last-payment date against the deadline.

A time-barred debt doesn’t just vanish, though. It can still show up on your credit report — that’s governed by a separate 7-year FCRA clock that runs independently of the state deadline — and a collector can still try to get you to pay outside of court. Here’s the part worth being careful about: in a lot of states, making even a small payment or acknowledging the debt in writing can restart that clock and give the collector a fresh window to sue. That’s exactly why it’s smart to get advice before paying anything on an old debt you suspect might already be time-barred.

One more protection worth knowing: the FDCPA requires a collector to tell you if a debt is outside the statute of limitations when they know or should know that’s true, and they’re barred from suing — or even threatening to sue — over a debt they know is time-barred.

Frequently asked

Does the statute of limitations mean I don't owe the debt anymore?

No — the debt still exists on paper. It just means a creditor can no longer win a lawsuit over it. They can still contact you and ask for payment even on a debt that's time-barred.

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— US Debt Compass Editorial Team

Can making a small payment restart the clock on an old debt?

In a lot of states, yes — even a small payment or a written acknowledgment can restart the clock and hand the collector a fresh window to sue you. Get advice before paying anything on a debt you suspect might already be time-barred.

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— US Debt Compass Editorial Team