Statute of limitations on debt in Indiana

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

Short answer

A promise or acknowledgment only restarts the clock if it is in writing and signed by you (IC 34-11-9-1). The statute keeps whatever effect a payment has under other law (IC 34-11-9-3), but a note of a payment written on the paperwork by or for the creditor does not count by itself.

Written contracts
6 years
Open accounts and unwritten agreements
6 years

Indiana's time limits to sue on a debt

Law
IC 34-11-2-9(b) (6 years: promissory notes and other written contracts to pay money made after Aug. 31, 1982); IC 34-11-2-7 (6 years: accounts and contracts not in writing); IC 34-11-9-1 (acknowledgment must be written and signed)
Official text
Read the law

With 6 years, Indiana shares the most common limit in our 48 state guides (22 states). Next door: 10 years in Illinois, 6 years in Michigan, 6 years in Ohio and 10 years in Kentucky.

Collection suits and your rights in Indiana

  • The garnishment limit (old IC 24-4.5-5-105) is now IC 37-2-6-4 with the same wording, and 'no garnishment before judgment' is IC 37-2-6-3.

If a collector crosses the line: Not under the Indiana act for FDCPA-type violations: its private-lawsuit section excludes them (IC 24-5-0.5-4(a)). You can still sue under the federal FDCPA (actual damages, up to $1,000 extra, and attorney's fees).

Does paying restart the time limit in Indiana?

A promise or acknowledgment only restarts the clock if it is in writing and signed by you (IC 34-11-9-1). The statute keeps whatever effect a payment has under other law (IC 34-11-9-3), but a note of a payment written on the paperwork by or for the creditor does not count by itself. Indiana has no statute that says a payment never restarts the clock.

Is my debt too old? Check Indiana's time limit

Indiana: 6 years for a written contractEnter the date of your last payment to see when the time limit ends.

Sued on an old debt in Indiana?

The time limit protects you only if you raise it, so answer on time. In Indiana: 20 days after you are served in circuit or superior court (Ind. Trial Rule 6(D)(1)); add 3 days if the papers were served by U.S. mail (T.R. 6(G)). In small claims court you usually just need to go to the hearing on the date in the notice.

If you do not answer or do not show up, the court can enter a default judgment. The collector can then garnish your wages or bank account.

What to do if you are sued in Indiana

Handling an old debt in Indiana

  1. Think before you pay or sign

    In Indiana: A promise or acknowledgment only restarts the clock if it is in writing and signed by you (IC 34-11-9-1). The statute keeps whatever effect a payment has under other law (IC 34-11-9-3), but a note of a payment written on the paperwork by or for the creditor does not count by itself.

  2. Dispute the debt in writing

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  3. Check the collector's license

    Collectors need a Indiana license; check one here: Official license lookup.

  4. Report a suit on an old debt

    File a complaint with Indiana Attorney General, Consumer Protection Division and to the CFPB at consumerfinance.gov/complaint.

Federal rules on old debts

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). All the federal rules: time-barred debt guide.

Where to get free help in Indiana

Questions about old debts in Indiana

How long can a debt collector sue me in Indiana?

6 years for written contracts and 6 years for open accounts and unwritten agreements (IC 34-11-2-9(b) (6 years: promissory notes and other written contracts to pay money made after Aug. 31, 1982); IC 34-11-2-7 (6 years: accounts and contracts not in writing); IC 34-11-9-1 (acknowledgment must be written and signed)).

Does paying on an old debt restart the clock in Indiana?

A promise or acknowledgment only restarts the clock if it is in writing and signed by you (IC 34-11-9-1). The statute keeps whatever effect a payment has under other law (IC 34-11-9-3), but a note of a payment written on the paperwork by or for the creditor does not count by itself. Indiana has no statute that says a payment never restarts the clock.

Related Indiana pages