Statute of limitations on debt in Montana

6 years to sue on a written contract and 5 years on an open account.

Short answer

In Montana, a creditor or debt collector has 6 years to sue on a written contract and 5 years to sue on an open account or unwritten agreement. In Montana, even a payment can matter: Yes. A part payment (of principal or interest), or an acknowledgment of the debt in a writing you sign, starts the time limit over (Mont. Code Ann. § 27-2-409).

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

Montana's time limits to sue on a debt

Law
Mont. Code Ann. § 27-2-202(1) (6 years, written instrument, for lawsuits filed on or after Oct. 1, 2025; it was 8 years before), (2) (5 years, unwritten contract or account); § 27-2-409; SB 143 (2025), Ch. 174, L. 2025
Official text
Read the law

6 years is the most common limit in our 48 state guides (22 states). Nearby, the written-contract limit is 5 years in Idaho, 10 years in Wyoming, 6 years in South Dakota and 6 years in North Dakota.

Collection suits and your rights in Montana

  • SB 143 (2025), Chapter 174, Laws of 2025, shortened the time limit for lawsuits on a written contract or other written instrument from 8 years to 6 years.
  • It applies to lawsuits filed on or after October 1, 2025 (Mont. Code Ann. § 27-2-202(1)).

If a collector crosses the line: Use the federal FDCPA (actual damages, up to $1,000 extra, and attorney's fees) for third-party collectors. Montana's general consumer protection law (Unfair Trade Practices and Consumer Protection Act, Mont. Code Ann. Title 30, ch. 14, part 1) may also apply.

Payments, promises and the clock in Montana

Yes. A part payment (of principal or interest), or an acknowledgment of the debt in a writing you sign, starts the time limit over (Mont. Code Ann. § 27-2-409).

Montana rules worth knowing about old debts

  • In Montana a small payment or a signed written acknowledgment can restart the time limit to sue (Mont. Code Ann. § 27-2-409).

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

Montana: 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 Montana?

Say in your written answer that the debt is too old. Deadline in Montana: The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20). Justice court deadlines can differ, so read your summons.

If you do not file an answer in time, the collector can ask for a default judgment and then garnish wages or bank accounts.

What to do if you are sued in Montana

Handling an old debt in Montana

  1. Match the debt to the right limit

    Montana gives 6 years for written contracts and 5 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Think before you pay or sign

    In Montana: Yes. A part payment (of principal or interest), or an acknowledgment of the debt in a writing you sign, starts the time limit over (Mont. Code Ann. § 27-2-409).

  3. Make the collector prove it

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

  4. Report a collector who sues on an old debt

    Complain to Montana Department of Justice, Office of Consumer Protection and to the CFPB at consumerfinance.gov/complaint.

Federal rules on old debts

A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). All the federal rules: time-barred debt guide.

Where to get free help in Montana

Questions about old debts in Montana

How long can a debt collector sue me in Montana?

6 years for written contracts and 5 years for open accounts and unwritten agreements (Mont. Code Ann. § 27-2-202(1) (6 years, written instrument, for lawsuits filed on or after Oct. 1, 2025; it was 8 years before), (2) (5 years, unwritten contract or account); § 27-2-409; SB 143 (2025), Ch. 174, L. 2025).

Can a small payment revive an old debt in Montana?

Yes. A part payment (of principal or interest), or an acknowledgment of the debt in a writing you sign, starts the time limit over (Mont. Code Ann. § 27-2-409).

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

For open accounts and unwritten agreements, Montana's limit is 5 years (Mont. Code Ann. § 27-2-202(1) (6 years, written instrument, for lawsuits filed on or after Oct. 1, 2025; it was 8 years before), (2) (5 years, unwritten contract or account); § 27-2-409; SB 143 (2025), Ch. 174, L. 2025).

Related Montana pages

Sources

Last checked: Oct 24, 2026.

Federal sources