Statute of Limitations


The statute of limitations for a debt is the amount of time in which the debt can be perused legally if delinquent, and will remain on the credit report as a valid debt for that length of time determined by your state. There are Federal debts in which don't apply to the statute of limitations, such as student loans or federal and state tax dues, and child support. The statute of limitations does however apply to open ended contracts such as credit cards as well as oral agreements, promissory notes, written contracts, loans mortgages and car loans.

What happens if my debt is has expired? It doesn't necessarily mean that you don't owe the debt, however you can use it for leverage against debt collections and further negotiate your payments.

When does the clock start? The clock starts so to speak the moment you sign the contract, or make your last payment; however some states have their own laws on when the statute of limitations begins. There is also a "toll" which is applied if you happen to move out of the state the credit was originally obtained in. It means that if you were living in a state that held a statute for 6 years and you have stopped making payments for 3 years and have 3 years left, then decide to move to another state for a year or so, the states statute will "toll" or cease until you move back to the state the debt originated and start up where it left off. You can't move and consider the "clock to keep running".

Remember: the moment you make another payment on a delinquent account you have essentially restarted the statute date.

Can collection agencies continue to collect on an expired account? Yes. They can continue collection practices even though your debt has expired according to the state laws; unless it has been discharged through a bankruptcy filing. However, you can use it for leverage against your negotiation if you decide to repay the debt to the collection agency. If you inform the agencies of your expired debt and they continue to call you, send a letter that informs them they must cease on all collection attempts notifying them that the statute of limitations has run out. Make sure you send your letter (listed below) certified and keep a good record of your correspondence.

Worst case scenario? If you happen to receive notice of a judgment being filed against you, you should call the clerk residing at the court in which your judgment has been filed and request all of the paperwork pertaining to this debt and make sure that everything is correct and that the debt is actually valid and that the debt is still currently active.

There are various kinds of debts or agreements that we have listed below in a chart for all 50 states and the District of Columbia.

Promissory: this is a written agreement that states the terms in which the debt must be repaid, however it also states the dates in which they are due, as well as the interest that is applied to the loan. An example of this type of loan is a mortgage.

Oral: A verbal agreement to repay someone.

Written: written agreement that states the terms of repayment.

Open Ended: these apply to revolving lines of credit with all different balances, such as credit cards.


State Promissory Oral Written Open ended accounts
AL 6 6 6 3
AR 5 5 5 3
AK 3 6 6 3
AZ 6 3 6 3
CA 4 2 4 4
CO 6 6 6 3
CT 6 3 6 3
DE 3 3 3 4
DC 3 3 3 3
FL 5 4 5 4
GA 6 4 6 4
HI 6 6 6 6
IA 5 5 10 5
ID 5 4 5 4
IL 10 5 10 5
IN 10 6 10 6
KS 5 3 6 3
KY 15 5 15 5
LA 10 10 10 3
ME 6 6 6 6
MD 6 3 3 3
MA 6 6 6 6
MI 6 6 6 6
MN 6 6 6 6
MS 3 3 3 3
MO 10 5 10 5
MT 8 3 8 5
NC 5 3 3 3
ND 6 6 6 6
NE 5 4 5 4
NH 6 3 3 3
NJ 6 6 6 3
NM 6 4 6 4
NV 3 4 6 4
OH 15 6 15 6
OK 5 3 5 3
OR 6 6 6 6
PA 4 4 4 4
RI 6 10 5 4
SC 3 3 3 3
SD 6 6 6 6
TN 6 6 6 3
TX 4 4 4 4
UT 6 4 6 4
VA 6 3 5 3
VT 5 6 6 3
WA 6 3 6 3
WI 10 6 6 6
WV 6 5 10 5
WY 10 8 10 8
NY 6 6 6 6