Statute of Limitations on Debt: Complete Guide
Reviewed by [Attorney Name], Esq. | Last updated March 2026
The statute of limitations (SOL) is one of the most powerful defenses against a debt collection lawsuit. If the SOL has expired, the debt is "time-barred" and you have a strong affirmative defense. But you must raise it in your Answer — the court will not do it for you.
What Is the Statute of Limitations on Debt?
The statute of limitations is the maximum time a creditor or debt collector has to file a lawsuit against you for an unpaid debt. Once this period expires, the debt is considered "time-barred." The collector can still contact you and ask you to pay, but they cannot successfully sue you if you raise the SOL defense.
When Does the Clock Start?
The SOL clock typically starts on the date of your last payment or last account activity. In some states, it starts from the date you first defaulted. The exact trigger varies by state law.
Warning: Do Not Restart the Clock
In many states, making a payment, acknowledging the debt in writing, or even making a promise to pay can restart the statute of limitations. Do not make any payments or written acknowledgments without understanding the implications.
Statute of Limitations by State (Credit Card Debt)
| State | Credit Card | Medical | Written | Oral |
|---|---|---|---|---|
| Alabama | 6 | 6 | 6 | 6 |
| Alaska | 3 | 6 | 6 | 3 |
| Arizona | 6 | 6 | 6 | 3 |
| Arkansas | 5 | 5 | 5 | 5 |
| California | 4 | 4 | 4 | 2 |
| Colorado | 6 | 6 | 6 | 6 |
| Connecticut | 6 | 6 | 6 | 6 |
| Delaware | 3 | 3 | 3 | 3 |
| Florida | 5 | 5 | 5 | 4 |
| Georgia | 6 | 6 | 6 | 4 |
| Hawaii | 6 | 6 | 6 | 6 |
| Idaho | 5 | 5 | 5 | 4 |
| Illinois | 5 | 5 | 10 | 5 |
| Indiana | 6 | 6 | 10 | 6 |
| Iowa | 5 | 5 | 10 | 5 |
| Kansas | 5 | 5 | 5 | 3 |
| Kentucky | 5 | 5 | 15 | 5 |
| Louisiana | 3 | 3 | 10 | 3 |
| Maine | 6 | 6 | 6 | 6 |
| Maryland | 3 | 3 | 3 | 3 |
| Massachusetts | 6 | 6 | 6 | 6 |
| Michigan | 6 | 6 | 6 | 6 |
| Minnesota | 6 | 6 | 6 | 6 |
| Mississippi | 3 | 3 | 3 | 3 |
| Missouri | 5 | 5 | 10 | 5 |
| Montana | 5 | 5 | 8 | 5 |
| Nebraska | 5 | 5 | 5 | 4 |
| Nevada | 6 | 6 | 6 | 4 |
| New Hampshire | 3 | 3 | 3 | 3 |
| New Jersey | 6 | 6 | 6 | 6 |
| New Mexico | 6 | 6 | 6 | 4 |
| New York | 3 | 6 | 6 | 6 |
| North Carolina | 3 | 3 | 3 | 3 |
| North Dakota | 6 | 6 | 6 | 6 |
| Ohio | 6 | 6 | 8 | 6 |
| Oklahoma | 5 | 5 | 5 | 3 |
| Oregon | 6 | 6 | 6 | 6 |
| Pennsylvania | 4 | 4 | 4 | 4 |
| Rhode Island | 10 | 10 | 10 | 10 |
| South Carolina | 3 | 3 | 3 | 3 |
| South Dakota | 6 | 6 | 6 | 6 |
| Tennessee | 6 | 6 | 6 | 6 |
| Texas | 4 | 4 | 4 | 4 |
| Utah | 6 | 4 | 6 | 4 |
| Vermont | 6 | 6 | 6 | 6 |
| Virginia | 5 | 5 | 5 | 3 |
| Washington | 6 | 6 | 6 | 3 |
| West Virginia | 10 | 10 | 10 | 10 |
| Wisconsin | 6 | 6 | 6 | 6 |
| Wyoming | 8 | 8 | 10 | 8 |
| District of Columbia | 3 | 3 | 3 | 3 |
Key Takeaways
- Shortest SOL states (3 years): New York (credit cards), North Carolina, South Carolina, Delaware, Maryland, Mississippi, Louisiana, New Hampshire, DC
- Longest SOL states (10+ years): Rhode Island, West Virginia, Kentucky (written), Indiana (written), Iowa (written)
- Most common SOL: 4-6 years for credit card debt
How to Raise the SOL Defense
The statute of limitations is an affirmative defense. This means you must raise it in your Answer — if you do not, you waive it. The court will not check the SOL on its own and will not dismiss the case automatically even if the debt is clearly time-barred.
In your Answer, include a paragraph stating: "The plaintiff's claims are barred by the applicable statute of limitations."
What If the Collector Sues on a Time-Barred Debt?
Filing a lawsuit on a debt they know is time-barred may itself be an FDCPA violation. Several courts have held that suing on time-barred debt is an unfair or deceptive practice. If a debt buyer like LVNV Funding or Midland Credit Management sues you on a time-barred debt, you may have grounds for a counterclaim under the FDCPA.
Does the SOL Apply to Judgments?
No. Once a creditor obtains a court judgment, the judgment has its own expiration period (typically 10-20 years) and can usually be renewed. The statute of limitations only prevents a lawsuit from being filed — once a judgment exists, it is a separate obligation.