Statute of limitations on debt in District of Columbia

3 years to sue on a written contract or an open account.

Short answer

District of Columbia limits what restarts the clock: Once the time limit has run out, a payment or a written or spoken promise to pay does not restart it (D.C. Code § 28-3814(l)). On notices about time-barred debts: No D.C. rule found that requires a written 'too old to sue' notice. But a collector may not sue you when it knows or should know the time limit has run out (D.C. Code § 28-3814(f)(10)), and the lawsuit itself must state that it was filed within the time limit (§ 28-3814(q)(6)).

Written contracts
3 years
Open accounts and unwritten agreements
3 years
Can a payment restart the clock?
Not by itself
Notice that a debt is too old?
No

District of Columbia's time limits to sue on a debt

Law
D.C. Code § 28-3814(o): a consumer debt lawsuit filed on or after Sept. 1, 2021 must be filed within 3 years, whatever the type of claim (contract, account stated, open account, even a contract under seal). Also § 12-301(a)(7).
Official text
Read the law

At 3 years, District of Columbia is shorter than the most common limit in our 48 state guides, 6 years; 7 states share this limit. It is the shortest limit in our guides (7 states). Nearby, the written-contract limit is 3 years in Maryland, 5 years in Virginia, 3 years in Delaware and 4 years in Pennsylvania.

Collection suits and your rights in District of Columbia

  • For charged-off debt, the first letter must tell you that you can ask for proof: original creditor, current owner, last account number and an itemized balance. Debt buyers and third-party collectors must have these documents before collecting (§ 28-3814(m)).

If a collector crosses the line: You can sue for actual damages, costs and attorney's fees, punitive damages, and an extra $500 to $4,000 per violation (D.C. Code § 28-3814(u)).

Must a collector say a debt is too old in District of Columbia?

No D.C. rule found that requires a written 'too old to sue' notice. But a collector may not sue you when it knows or should know the time limit has run out (D.C. Code § 28-3814(f)(10)), and the lawsuit itself must state that it was filed within the time limit (§ 28-3814(q)(6)).

Can a payment restart the clock in District of Columbia?

No. Once the time limit has run out, a payment or a written or spoken promise to pay does not restart it (D.C. Code § 28-3814(l)).

Is my debt too old? Check District of Columbia's time limit

District of Columbia: 3 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in District of Columbia

The time limit protects you only if you raise it, so answer on time. In District of Columbia: Small Claims (up to $10,000): in most cases you do not have to file a written answer; you go to the hearing and tell the judge why you disagree. Civil Actions Branch: 21 days after you are served (D.C. Super. Ct. Civ. R. 12(a)).

If you miss the hearing or the answer deadline, the collector can get a default judgment. Before entering judgment in a debt collection case, the court must check that the collector met D.C.'s filing rules, and it can dismiss the case if not (§ 28-3814(t)).

What to do if you are sued in District of Columbia

What to do about an old debt in District of Columbia

  1. Check before you pay anything

    In District of Columbia: No. Once the time limit has run out, a payment or a written or spoken promise to pay does not restart it (D.C. Code § 28-3814(l)).

  2. Make the collector prove it

    Use a dispute letter within 30 days of the collector's validation notice.

  3. Report a suit on an old debt

    Report it to Office of the Attorney General for the District of Columbia, Consumer and Tenant Response team and to the CFPB at consumerfinance.gov/complaint. Phone: (202) 442-9828.

Old debts under federal law

Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)). A collection can stay on your credit report up to 7 years, counted from 180 days after the first missed payment (15 U.S.C. 1681c). More in our guide to time-barred debt.

Where to get free help in District of Columbia

Questions about old debts in District of Columbia

When does a debt become too old to sue on in District of Columbia?

3 years for written contracts and 3 years for open accounts and unwritten agreements (D.C. Code § 28-3814(o): a consumer debt lawsuit filed on or after Sept. 1, 2021 must be filed within 3 years, whatever the type of claim (contract, account stated, open account, even a contract under seal). Also § 12-301(a)(7).).

Does paying on an old debt restart the clock in District of Columbia?

No. Once the time limit has run out, a payment or a written or spoken promise to pay does not restart it (D.C. Code § 28-3814(l)).

Must a collector tell me a debt is too old to sue on in District of Columbia?

No D.C. rule found that requires a written 'too old to sue' notice. But a collector may not sue you when it knows or should know the time limit has run out (D.C. Code § 28-3814(f)(10)), and the lawsuit itself must state that it was filed within the time limit (§ 28-3814(q)(6)).

Related District of Columbia pages