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CLEARBORROW · PUBLISHED NOVEMBER 12, 2026

Statute of limitations on debt: how it works by state

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Each state sets a deadline for suing over unpaid debt — most are between three and six years, a few longer. After it passes, the debt is “time-barred”: a collector must not sue or threaten to sue, but in most states may still ask you to pay. In some states a partial payment or a written acknowledgment can restart the clock. The limitations period is separate from the seven years a debt can stay on your credit report.

On this page
  1. What the deadline means
  2. Examples by state
  3. What can restart the clock
  4. Statute of limitations vs credit report
  5. If a collector contacts you about an old debt
  6. Questions
  7. Sources and limits

What the deadline means

State law sets the period, and it varies by state and type of debt; most are three to six years, though some run as long as 15 (CFPB ↗). A collector cannot sue or threaten to sue on a time-barred debt, but a court may still enter a judgment if you do not show up and raise the defense (CFPB ↗).

Examples by state

StateTypical deadline to sueStatute named in the chart
California4 years (written contract); 2 years (oral)Cal. Code Civ. Proc. §§ 337, 339
Florida5 years (written contract); 4 years (open account)Fla. Stat. § 95.11
New York3 years for consumer credit debtN.Y. C.P.L.R. § 214-i
Pennsylvania4 years42 Pa. C.S. § 5525
Texas4 yearsTex. Civ. Prac. & Rem. Code § 16.004
Mississippi, WisconsinWhen the period ends, the debt itself is extinguishedPer CFPB

Our summary of a law firm’s 2026 chart, which cites each statute (Alper Law ↗); the Mississippi and Wisconsin rule is from the CFPB ↗. How a credit card debt is classified (written contract or open account) can change the period. Confirm the current statute or ask legal aid before relying on it.

What can restart the clock

  • In some states the clock starts at the missed payment; in others, at the most recent payment — even one made during collection.
  • A partial payment or acknowledging the debt, even after the period ends, may restart it.
  • Contract terms and moving to another state can also change which period applies.

Source: CFPB ↗. New York’s consumer credit law bars reviving expired consumer debts, per the Alper Law chart ↗.

Statute of limitations vs credit report

Most negative items drop off a credit report after seven years regardless of the lawsuit deadline (CFPB ↗). A debt can be too old to sue on and still appear on your report, or vice versa. See how long negative items stay.

If a collector contacts you about an old debt

  1. Do not pay or promise to pay on the first call.
  2. Ask for the written validation notice and check the dates — see what to do when a collector calls.
  3. Find the date of your last payment on your credit report or old statements.
  4. If you are sued, respond by the deadline and raise the statute of limitations; get legal aid if you can.

Questions

Does an old debt ever disappear?

In Mississippi and Wisconsin the debt is extinguished when the period ends. Elsewhere it generally still exists, but you cannot be sued for it.

Is the statute of limitations seven years?

No — that is the usual credit reporting period. Lawsuit deadlines are set by each state, most often 3 to 6 years.

Can a collector still call about a time-barred debt?

In most states, yes, as long as it does not sue, threaten to sue or otherwise break the law.

Sources and limits

Sources checked November 12, 2026. This is general information, not legal, tax or benefits advice; rules differ by state. Worked examples are our own arithmetic, not offers. How we use sources.

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