Statute of limitations on debt in Louisiana

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

Short answer

In Louisiana, a creditor or debt collector has 10 years to sue on a written contract and 3 years to sue on an open account or unwritten agreement. Think twice before paying on an old debt in Louisiana: Yes, while the time limit is still running: acknowledging the debt interrupts prescription and the clock starts over (La. Civ. Code art. 3464).

Written contracts
10 years
Open accounts and unwritten agreements
3 years
Can a payment restart the clock?
Yes, it can

Louisiana's time limits to sue on a debt

Law
La. Civ. Code art. 3494 (3 years: open account, money lent); art. 3498 (5 years: promissory notes and instruments); art. 3499 (10 years: other personal actions, including most contracts); arts. 3464, 3449, 3450
Official text
Read the law

Louisiana's 10 years for written contracts is longer than the most common limit in our 48 state guides (6 years); 8 states, Louisiana included, have this limit. It is the longest limit in our guides (8 states). Nearby, the written-contract limit is 4 years in Texas, 5 years in Arkansas and 6 years in Alabama.

Can a payment restart the clock in Louisiana?

Yes, while the time limit is still running: acknowledging the debt interrupts prescription and the clock starts over (La. Civ. Code art. 3464). After the time limit has run, the clock does not restart, but you can give up (renounce) the defense, in words or by your conduct (La. Civ. Code arts. 3449, 3450).

If a collector breaks the law in Louisiana

If a collector crosses the line: In general terms: the law keeps your right to sue for damages under Civil Code article 2315 (La. R.S. 9:3562(5)). It sets no fixed damages amount. You can also sue a debt collector under the federal FDCPA.

Must a collector say a debt is too old in Louisiana?

No state rule found that makes collectors tell you a debt is too old to sue on. Federal rule: a debt collector may not sue you or threaten to sue you on a time-barred debt (12 CFR 1006.26(b)).

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

Louisiana: 10 years for a written contractEnter the date of your last payment to see when the time limit ends.

Sued on an old debt in Louisiana?

The time limit protects you only if you raise it, so answer on time. In Louisiana: 21 days after you are served in district court, or 30 days if discovery requests were served with the petition (La. C.C.P. art. 1001). Only 10 days in parish and city courts (La. C.C.P. art. 4903).

If you do not answer in time, the creditor can ask the court for a default judgment against you.

What to do if you are sued in Louisiana

Handling an old debt in Louisiana

  1. Match the debt to the right limit

    Louisiana gives 10 years for written contracts and 3 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Don't pay or sign yet

    In Louisiana: Yes, while the time limit is still running: acknowledging the debt interrupts prescription and the clock starts over (La. Civ. Code art. 3464).

  3. Dispute the debt in writing

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

  4. Make sure the collector is licensed

    A collector in Louisiana must hold a license from Louisiana Secretary of State, (225) 925-4704 (registration, not a license; La. R.S. 9:3534.1); ask for proof of it.

  5. Report a suit on an old debt

    Complain to Louisiana Attorney General, Consumer Protection Section and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-351-4889.

Old debts under federal law

Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)). Most collections must come off a credit report 7 years after a 180-day period that starts when you first fall behind (15 U.S.C. 1681c). In Louisiana, the time limit of 10 years to sue on a written contract can outlast the 7 years a collection may stay on your report. Read the time-barred debt guide.

Free help in Louisiana

Questions about old debts in Louisiana

What is the statute of limitations on debt in Louisiana?

10 years for written contracts and 3 years for open accounts and unwritten agreements (La. Civ. Code art. 3494 (3 years: open account, money lent); art. 3498 (5 years: promissory notes and instruments); art. 3499 (10 years: other personal actions, including most contracts); arts. 3464, 3449, 3450).

Can a small payment revive an old debt in Louisiana?

Yes, while the time limit is still running: acknowledging the debt interrupts prescription and the clock starts over (La. Civ. Code art. 3464). After the time limit has run, the clock does not restart, but you can give up (renounce) the defense, in words or by your conduct (La. Civ. Code arts. 3449, 3450).

Do collectors in Louisiana have to warn me that a debt is time-barred?

No state rule found that makes collectors tell you a debt is too old to sue on. Federal rule: a debt collector may not sue you or threaten to sue you on a time-barred debt (12 CFR 1006.26(b)).

How long do collectors have to sue on an unwritten agreement in Louisiana?

For open accounts and unwritten agreements, Louisiana's limit is 3 years (La. Civ. Code art. 3494 (3 years: open account, money lent); art. 3498 (5 years: promissory notes and instruments); art. 3499 (10 years: other personal actions, including most contracts); arts. 3464, 3449, 3450).

Related Louisiana pages

Statute of limitations in nearby states