Time-barred debt: when a debt is too old to sue on
The statute of limitations, what restarts it and how to check your state.
Every state limits how long a creditor or debt collector has to sue you over a debt. This is the statute of limitations. When it runs out, the debt is “time-barred.” A time-barred debt still exists, but a collector must not sue you or threaten to sue you over it (12 CFR 1006.26(b)). This guide explains how the time limit works, what can restart it, and how to check yours.
How long the time limit is
The time limit is set by state law, and it often depends on the type of debt: a written contract such as a loan agreement, or an open account such as a store account. Credit cards count as written contracts in some states and as open accounts in others. In our 48 state guides, the time limit for a written contract runs from 3 years in Alaska, Delaware, District of Columbia, Maryland, New York, North Carolina and South Carolina to 10 years in Illinois, Iowa, Kentucky, Louisiana, Missouri, Rhode Island, West Virginia and Wyoming. The most common is 6 years, in 22 states. We could not confirm the time limit for Wisconsin in official sources yet. See every state in the statute of limitations table.
When the clock starts
The clock usually starts when you missed a payment and didn't catch up, or at your last payment, depending on your state's law and your contract. Moving to another state can also change which state's limit applies. The “Is my debt too old?” checker below counts from the date you enter, so treat its date as an estimate.
What can restart the clock
In many states, a payment or a signed written promise to pay starts the time limit over, even on a debt that was already too old. Collectors sometimes ask for a small “good faith” payment for this reason. Other states have changed the rule for consumer debts. In District of Columbia, Hawaii, Maine, Maryland, Nevada and New York, our guides say a payment or promise after the time limit runs out does not restart it, at least for the debts the state's rule covers. Check your state's rule before you pay anything on an old debt or sign anything.
Must the collector tell you?
Federal law does not require a general notice, but it bans suits and threats of suits on time-barred debts (12 CFR 1006.26(b)). Some states require a written notice that a debt is too old to sue on, including California, Connecticut, Massachusetts, New Mexico, New York, Texas and West Virginia. Your state page quotes the rule.
Old debts and your credit report
The time limit to sue and the time a debt can stay on your credit report are different. Under the Fair Credit Reporting Act, most collection accounts can be reported for up to 7 years, counted from 180 days after you first fell behind (15 U.S.C. 1681c(a)(4), (c)). Paying an old debt doesn't restart that 7-year period, but in some states it can restart the time to sue.
If you are sued on an old debt
Respond to the lawsuit by the deadline. In most courts the judge won't apply the time limit for you: you must raise it as a defense in your answer. If the collector sued on a debt it knew was time-barred, that may also break the federal law, and you can report it to the CFPB. Read what to do if a debt collector sues you.
What you can do
- Check your state's time limit with the checker below and read the rule on your state page.
- Ask the collector for proof of the debt and the date of your last payment: send a dispute letter.
- Don't pay or promise to pay on a very old debt until you know your state's rule.
- If you want contact to end, send a stop-contact letter. It doesn't cancel the debt.
Is my debt too old?
Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.