Statute of limitations on debt in Nebraska

5 years to sue on a written contract and 4 years on an open account (Neb. Rev. Stat. § 25-205 (written: 5 years); § 25-206 (not in writing: 4 years); § 25-216).

Short answer

In Nebraska, a creditor or debt collector has 5 years to sue on a written contract and 4 years to sue on an open account or unwritten agreement. In Nebraska, even a payment can matter: Yes. A voluntary payment of principal or interest, or a written acknowledgment or promise to pay, starts the time limit over (Neb. Rev. Stat. § 25-216).

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

Time limits to sue in Nebraska

Law
Neb. Rev. Stat. § 25-205 (written: 5 years); § 25-206 (not in writing: 4 years); § 25-216
Official text
Read the law

Nebraska's 5 years for written contracts is shorter than the most common limit in our 48 state guides (6 years); 7 states, Nebraska included, have this limit. For comparison, the written-contract limit is 6 years in South Dakota, 10 years in Iowa, 10 years in Missouri and 5 years in Kansas.

Your rights against collectors in Nebraska

If a collector crosses the line: The Collection Agency Act does not give consumers a damages claim in the sections reviewed. You can sue a debt collector under the federal FDCPA for actual damages, up to $1,000 extra, and attorney's fees (15 U.S.C. § 1692k).

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

No Nebraska rule found. Under federal Regulation F, a debt collector may not sue you or threaten to sue you on a time-barred debt (12 C.F.R. § 1006.26(b)).

Can a payment restart the clock in Nebraska?

Yes. A voluntary payment of principal or interest, or a written acknowledgment or promise to pay, starts the time limit over (Neb. Rev. Stat. § 25-216).

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

Nebraska: 5 years for a written contractEnter the date of your last payment to see when the time limit ends.

An old debt in a Nebraska court

Raise the time limit in your answer. Time to answer in Nebraska: County or district court civil case: serve an answer within 30 days after you are served (Neb. Ct. R. Pldg. § 6-1112). Small claims: appear at the hearing date on the summons (Neb. Rev. Stat. § 25-2804).

If you don't appear in small claims, judgment will be entered against you; you have 10 days to ask for a new trial, and later you can ask the court to set aside the default (Nebraska Judicial Branch).

What to do if you are sued in Nebraska

What to do about an old debt in Nebraska

  1. Match the debt to the right limit

    Nebraska gives 5 years for written contracts and 4 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Think before you pay or sign

    In Nebraska: Yes. A voluntary payment of principal or interest, or a written acknowledgment or promise to pay, starts the time limit over (Neb. Rev. Stat. § 25-216).

  3. Ask the collector for proof

    Send a dispute letter within 30 days of the validation notice.

  4. Check the collector's license

    A collector working in Nebraska needs a license. Search: Official license lookup.

  5. Report a suit on an old debt

    File a complaint with Nebraska Attorney General – Consumer Protection Division and to the CFPB at consumerfinance.gov/complaint. Phone: 402-471-2785.

Old debts and your credit report

Federal rules bar a collector from suing, or threatening 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.

Free legal and consumer help in Nebraska

Questions about old debts in Nebraska

When does a debt become too old to sue on in Nebraska?

5 years for written contracts and 4 years for open accounts and unwritten agreements (Neb. Rev. Stat. § 25-205 (written: 5 years); § 25-206 (not in writing: 4 years); § 25-216).

If I pay part of an old debt in Nebraska, does the time limit start over?

Yes. A voluntary payment of principal or interest, or a written acknowledgment or promise to pay, starts the time limit over (Neb. Rev. Stat. § 25-216).

Must a collector tell me a debt is too old to sue on in Nebraska?

No Nebraska rule found. Under federal Regulation F, a debt collector may not sue you or threaten to sue you on a time-barred debt (12 C.F.R. § 1006.26(b)).

What is the time limit for credit card and open-account debt in Nebraska?

For open accounts and unwritten agreements, Nebraska's limit is 4 years (Neb. Rev. Stat. § 25-205 (written: 5 years); § 25-206 (not in writing: 4 years); § 25-216).

More for Nebraska