Statute of limitations on debt in North Dakota

6 years to sue on a written contract or an open account (N.D. Cent. Code § 28-01-16(1); § 28-01-36; § 28-01-37).

Short answer

A new promise or acknowledgment counts only if it is in writing and signed by you. The law also says this rule does not change the effect of a payment of principal or interest, so a payment can restart the clock (N.D. Cent. Code § 28-01-36).

Written contracts
6 years
Open accounts and unwritten agreements
6 years

How long collectors have to sue in North Dakota

Law
N.D. Cent. Code § 28-01-16(1); § 28-01-36; § 28-01-37
Official text
Read the law

With 6 years, North Dakota shares the most common limit in our 48 state guides (22 states). Next door: 6 years in Minnesota, 6 years in South Dakota and 6 years in Montana.

Payments, promises and the clock in North Dakota

A new promise or acknowledgment counts only if it is in writing and signed by you. The law also says this rule does not change the effect of a payment of principal or interest, so a payment can restart the clock (N.D. Cent. Code § 28-01-36). For a mutual open account, the clock runs from the last item on either side (N.D. Cent. Code § 28-01-37).

Is my debt too old? Check North Dakota's time limit

North Dakota: 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 North Dakota?

The time limit protects you only if you raise it, so answer on time. In North Dakota: 21 days after you are served with the summons and complaint (district court). You must answer in writing and serve a copy on the plaintiff.

If you don't answer within 21 days, the plaintiff can ask for a default judgment. If you get a motion for default judgment, you have 14 or 17 calendar days to respond in writing. If you don't, the judge can grant the judgment without hearing from you (ND Courts self-help).

What to do if you are sued in North Dakota

Handling an old debt in North Dakota

  1. Think before you pay or sign

    In North Dakota: A new promise or acknowledgment counts only if it is in writing and signed by you. The law also says this rule does not change the effect of a payment of principal or interest, so a payment can restart the clock (N.D. Cent. Code § 28-01-36).

  2. Make the collector prove it

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

  3. Look the collector up

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

  4. Report a collector who sues on an old debt

    Report it to North Dakota Attorney General, Consumer Protection Division (the Department of Financial Institutions also takes complaints about licensed collection agencies) and to the CFPB at consumerfinance.gov/complaint. Phone: 701-328-3404 (toll-free in ND: 1-800-472-2600).

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 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). More in our guide to time-barred debt.

Free help in North Dakota

Questions about old debts in North Dakota

What is the statute of limitations on debt in North Dakota?

6 years for written contracts and 6 years for open accounts and unwritten agreements (N.D. Cent. Code § 28-01-16(1); § 28-01-36; § 28-01-37).

Can a small payment revive an old debt in North Dakota?

A new promise or acknowledgment counts only if it is in writing and signed by you. The law also says this rule does not change the effect of a payment of principal or interest, so a payment can restart the clock (N.D. Cent. Code § 28-01-36). For a mutual open account, the clock runs from the last item on either side (N.D. Cent. Code § 28-01-37).

Keep reading about North Dakota

Sources

Last checked: Oct 24, 2026.

Federal sources