CLEARBORROW · PUBLISHED NOVEMBER 12, 2026
Statute of limitations on debt: how it works by state
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
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
| State | Typical deadline to sue | Statute named in the chart |
|---|---|---|
| California | 4 years (written contract); 2 years (oral) | Cal. Code Civ. Proc. §§ 337, 339 |
| Florida | 5 years (written contract); 4 years (open account) | Fla. Stat. § 95.11 |
| New York | 3 years for consumer credit debt | N.Y. C.P.L.R. § 214-i |
| Pennsylvania | 4 years | 42 Pa. C.S. § 5525 |
| Texas | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004 |
| Mississippi, Wisconsin | When the period ends, the debt itself is extinguished | Per 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
- Do not pay or promise to pay on the first call.
- Ask for the written validation notice and check the dates — see what to do when a collector calls.
- Find the date of your last payment on your credit report or old statements.
- 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
- CFPB: can debt collectors collect a debt that is several years old? ↗
- CFPB: time-barred debt rulemaking (3–6 years typical; MS and WI extinguish debts) ↗
- CFPB: Regulation F § 1006.26 — collection of time-barred debts ↗
- Alper Law: statute of limitations on debt by state, 2026 chart (law-firm compilation with statute citations) ↗
- CFPB: how long does information stay on my credit report? ↗
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.