Statute Of Limitations
For Debts
The statute of limitations (SOL) for a delinquent debt
is the time limit for the creditor to file a lawsuit. This period starts
when the debtor becomes delinquent. The fact that the SOL has "run"
(expired) on a particular debt will not necessarily prevent a lawsuit
from being filed (via a Summons And Complaint), but the defendant can
have the suit dismissed on this basis.
The Statute Of Limitations only covers lawsuits,
and SOL expiration does not affect other types of collection action
or reporting of the account to credit bureaus. The creditor or collection
agency may theoretically continue with letters and telephone calls forever
(although third-party collectors are subject to the "cease and desist"
provision of the Fair Debt Collection Practices Act.)
However, they will generally put much less effort into collecting "Out-Of-Statute"
debts, and may give up easily. Out-Of-Statute debts can still be reported
to credit bureaus for the time limits specified in the Fair Credit Reporting Act.
Credit cards are generally considered Open Accounts.
Auto loans and other installment agreements are Written Contracts.
If there has already been a lawsuit resulting in a judgement,
that judgement has a separate Statute Of Limitations.
(The numbers on this chart indicate 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
|
6
|
4
|
6
|
|
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
|
| 
