What Is the Statute of Limitations on Credit Card Debt?
Each state has different time limits for collecting old debt. Learn when debt becomes "time-barred" and how to handle zombie debt collectors who try to collect expired debts.
Key Takeaways
- The statute of limitations ranges from 3 to 10 years depending on your state
- Time-barred debt cannot be collected through lawsuits, but collectors may still contact you
- Making any payment can restart the clock on old debt (revival)
- Threatening to sue on time-barred debt is an FDCPA violation
The statute of limitations on credit card debt is a powerful consumer protection that prevents collectors from using the courts to collect old debts. Once this time period expires, the debt becomes "time-barred," meaning collectors lose their legal right to sue you.
However, debt doesn't disappear when the statute of limitations runs out. Collectors can still attempt to collect, and many use deceptive tactics to trick consumers into reviving old debts. Understanding your state's laws is crucial to protecting yourself.
What Is the Statute of Limitations?
The statute of limitations is the time period during which a creditor or debt collector can file a lawsuit to collect a debt. After this period expires:
- Collectors cannot successfully sue you for the debt
- You have an absolute defense if they do sue
- The debt still exists but is legally unenforceable
- It may still appear on your credit report (up to 7 years)
Credit Card Debt Statute of Limitations by State
Most credit cards are considered "written contracts" for statute of limitations purposes
| State | Years | State | Years |
|---|---|---|---|
| Alabama | 3 years | Alaska | 3 years |
| Arizona | 6 years | Arkansas | 5 years |
| California | 4 years | Colorado | 6 years |
| Connecticut | 6 years | Delaware | 3 years |
| Florida | 5 years | Georgia | 6 years |
| Hawaii | 6 years | Idaho | 5 years |
| Illinois | 5 years | Indiana | 6 years |
| Iowa | 5 years | Kansas | 5 years |
| Kentucky | 5 years | Louisiana | 3 years |
| Maine | 6 years | Maryland | 3 years |
| Massachusetts | 6 years | Michigan | 6 years |
| Minnesota | 6 years | Mississippi | 3 years |
| Missouri | 5 years | Montana | 8 years |
| Nebraska | 5 years | Nevada | 6 years |
| New Hampshire | 3 years | New Jersey | 6 years |
| New Mexico | 6 years | New York | 6 years |
| North Carolina | 3 years | North Dakota | 6 years |
| Ohio | 6 years | Oklahoma | 5 years |
| Oregon | 6 years | Pennsylvania | 4 years |
| Rhode Island | 10 years | South Carolina | 3 years |
| South Dakota | 6 years | Tennessee | 6 years |
| Texas | 4 years | Utah | 6 years |
| Vermont | 6 years | Virginia | 5 years |
| Washington | 6 years | West Virginia | 10 years |
| Wisconsin | 6 years | Wyoming | 10 years |
When Does the Clock Start?
The statute of limitations typically begins on the date of your last payment or the date you first missed a payment, whichever is later. This is called the "date of last activity."
Common Starting Points:
- Last Payment Date: The date you made your last payment on the account
- First Missed Payment: If you never made another payment after missing one
- Account Charge-off: Some states use the charge-off date (usually 180 days after default)
Actions That Can Restart the Clock
Making Any Payment
Even a $1 payment can restart the entire statute of limitations period. Collectors often ask for "good faith" payments for this reason.
Written Acknowledgment
Signing any document acknowledging you owe the debt can restart the clock in many states.
Making a Promise to Pay
In some states, even a verbal promise to pay can revive the debt. Be careful what you say to collectors.
Dealing with Time-Barred Debt
When debt collectors contact you about time-barred debt, you have several options:
You're not legally required to pay time-barred debt. Ignoring it won't restart the statute of limitations.
Request that collectors stop contacting you. They must comply under the FDCPA.
Request validation and inform them the debt is time-barred. Don't admit owing it.
If you choose to pay, get everything in writing first. Never admit the debt is valid.
FDCPA Violations with Time-Barred Debt
Collectors often violate federal law when pursuing old debts. Common violations include:
- Threatening to sue: If they know or should know the debt is time-barred
- Filing a lawsuit: Suing on time-barred debt is illegal in many states
- Misrepresenting the legal status: Claiming they can sue when they cannot
- Failing to disclose: Not telling you the debt is time-barred when required
Being Sued on Old Debt?
If collectors are threatening to sue or have filed a lawsuit on time-barred debt, you may have valuable FDCPA claims. Get your free case review to understand your rights.
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Frequently Asked Questions
Can I still be sued after the statute of limitations expires?
Yes, collectors can file a lawsuit, but you have an absolute defense. You must appear in court and raise the statute of limitations defense—it's not automatic.
Does bankruptcy affect the statute of limitations?
Generally, filing bankruptcy stops (tolls) the statute of limitations while the case is active. The clock resumes after the bankruptcy is dismissed or discharged.
Which state's law applies if I've moved?
Usually, the statute of limitations from the state where you incurred the debt or where the contract was signed applies, not your current state.
Can making a payment really restart the whole time period?
In most states, yes. Any payment, no matter how small, can restart the entire statute of limitations period from zero. This is why collectors push so hard for "any payment."