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Debt Statute of Limitations by State
How long can you legally be sued over an old debt? Pick your state — verified against state statutes, July 2026.
Written contracts
Credit cards / open accounts
⚠️ The payment trap: in most states, making even a small payment on an old debt — or acknowledging it in writing — can restart the clock entirely. Never pay anything on an old debt until you know where the clock stands. (Some states, like New York, Washington, and Texas as to debt buyers, bar reviving expired debt — but don't assume yours does.)
What the statute of limitations actually means
The debt doesn't vanish. After the limitations period, the debt still exists and collectors can still ask you to pay — they just can't win a lawsuit if you raise the expired statute as a defense. (Exceptions: in Wisconsin and Mississippi the debt is legally extinguished, and North Carolina bars debt buyers from suing or collecting on time-barred debt at all.)
You must raise the defense. If you ignore a lawsuit on an expired debt, the collector can still win by default judgment. Answer the suit and assert that the statute of limitations has run.
Suing (or threatening to sue) on time-barred debt is illegal. Federal Regulation F (12 CFR §1006.26) prohibits debt collectors from suing or threatening suit on time-barred debt — whether or not they knew it was expired. That's a counterclaim, not just a defense.
The clock usually starts at default — generally around your first missed payment that was never caught up, not when the account was opened.
Which state's clock applies can be genuinely complicated — it may be your state, the state in the contract's fine print, or the state where you're sued. When in doubt, assume the shortest plausible period could be argued against you and the longest could be argued by them — and get the collector to state the date of default in writing (a validation letter does this).
Credit reporting is a different clock. Most negative items fall off your credit report after ~7 years regardless of the lawsuit clock. An expired statute doesn't clean your report, and a fresh report entry doesn't mean they can sue.