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When you fall behind on debt payments, creditors or debt collectors may take legal action to recover the owed amount. However, there is a limit to how long creditors have to sue you for an unpaid debt. This is governed by the statute of limitations on debt collection, which varies by state and the type of debt.
In this blog, we’ll explore how the statute of limitations on debt collection works, what it means for you, and how it differs across the 50 states. We’ll also provide a table summarizing the statute of limitations for common types of debt in each state.
What is the Statute of Limitations on Debt Collection?
The statute of limitations on debt collection refers to the time period during which a creditor or debt collector can file a lawsuit to collect a debt. After this period expires, creditors can no longer sue you for the debt, although they can still attempt to collect it through other means, such as phone calls or letters.
It’s important to note that the statute of limitations doesn’t erase the debt itself—it only prevents creditors from taking legal action to force repayment through the courts.
Types of Debt and Their Statutes of Limitations
The statute of limitations on debt collection depends on the type of debt you owe. Common types of debt and their time limits for filing a lawsuit include:
- Credit Card Debt: Generally falls under “open-ended accounts” and typically has a statute of limitations of 3 to 6 years, depending on the state.
- Medical Debt: Typically treated as a written contract or implied contract, with limitations ranging from 3 to 6 years.
- Auto Loans and Mortgages: These are considered written contracts, with statutes of limitations ranging from 3 to 10 years.
- Student Loans: Federal student loans generally have no statute of limitations for collections, although private student loans have a statute of limitations of 3 to 10 years, depending on the state.
- Personal Loans: These often fall under written contracts, with limitations ranging from 3 to 10 years.
Key Points About the Statute of Limitations on Debt
- The clock starts ticking when you miss a payment or fail to honor the terms of the debt.
- Tolling: In some cases, the statute of limitations can be paused or “tolled,” such as when the debtor is out of the state or mentally incapacitated.
- Restarting the clock: Making a payment or acknowledging the debt may restart the statute of limitations, giving creditors a fresh window of time to sue.
Statute of Limitations on Debt Collection by State
Below is a table that shows the statute of limitations for different types of debt across the 50 U.S. states. Note that these are general guidelines and can vary by specific circumstances, so it’s always wise to check with a local attorney for detailed advice.
| State | Credit Card Debt | Medical Debt | Auto Loans / Mortgages | Personal Loans | Student Loans (Private) |
|---|---|---|---|---|---|
| Alabama | 6 years | 6 years | 6 years | 6 years | 6 years |
| Alaska | 3 years | 3 years | 3 years | 3 years | 3 years |
| Arizona | 6 years | 6 years | 6 years | 6 years | 6 years |
| Arkansas | 5 years | 3 years | 5 years | 5 years | 5 years |
| California | 4 years | 4 years | 4 years | 4 years | 4 years |
| Colorado | 6 years | 6 years | 6 years | 6 years | 6 years |
| Connecticut | 6 years | 6 years | 6 years | 6 years | 6 years |
| Delaware | 3 years | 3 years | 3 years | 3 years | 3 years |
| Florida | 5 years | 5 years | 5 years | 5 years | 5 years |
| Georgia | 6 years | 6 years | 6 years | 6 years | 6 years |
| Hawaii | 6 years | 6 years | 6 years | 6 years | 6 years |
| Idaho | 5 years | 5 years | 5 years | 5 years | 5 years |
| Illinois | 5 years | 5 years | 5 years | 5 years | 5 years |
| Indiana | 6 years | 6 years | 6 years | 6 years | 6 years |
| Iowa | 5 years | 5 years | 5 years | 5 years | 5 years |
| Kansas | 5 years | 5 years | 5 years | 5 years | 5 years |
| Kentucky | 5 years | 5 years | 5 years | 5 years | 5 years |
| Louisiana | 3 years | 3 years | 3 years | 3 years | 3 years |
| Maine | 6 years | 6 years | 6 years | 6 years | 6 years |
| Maryland | 3 years | 3 years | 3 years | 3 years | 3 years |
| Massachusetts | 6 years | 6 years | 6 years | 6 years | 6 years |
| Michigan | 6 years | 6 years | 6 years | 6 years | 6 years |
| Minnesota | 6 years | 6 years | 6 years | 6 years | 6 years |
| Mississippi | 3 years | 3 years | 3 years | 3 years | 3 years |
| Missouri | 5 years | 5 years | 5 years | 5 years | 5 years |
| Nevada | 6 years | 6 years | 6 years | 6 years | 6 years |
| New Hampshire | 3 years | 3 years | 3 years | 3 years | 3 years |
| New Jersey | 6 years | 6 years | 6 years | 6 years | 6 years |
| New York | 6 years | 6 years | 6 years | 6 years | 6 years |
| Ohio | 6 years | 6 years | 6 years | 6 years | 6 years |
| Oklahoma | 5 years | 5 years | 5 years | 5 years | 5 years |
| Oregon | 6 years | 6 years | 6 years | 6 years | 6 years |
| Pennsylvania | 4 years | 4 years | 4 years | 4 years | 4 years |
| Rhode Island | 10 years | 10 years | 10 years | 10 years | 10 years |
| South Carolina | 3 years | 3 years | 3 years | 3 years | 3 years |
| Tennessee | 6 years | 6 years | 6 years | 6 years | 6 years |
| Texas | 4 years | 4 years | 4 years | 4 years | 4 years |
| Utah | 6 years | 6 years | 6 years | 6 years | 6 years |
| Virginia | 5 years | 5 years | 5 years | 5 years | 5 years |
| Washington | 6 years | 6 years | 6 years | 6 years | 6 years |
| West Virginia | 5 years | 5 years | 5 years | 5 years | 5 years |
| Wisconsin | 6 years | 6 years | 6 years | 6 years | 6 years |
| Wyoming | 8 years | 8 years | 8 years | 8 years | 8 years |
Final Thoughts
Understanding the statute of limitations on debt collection is crucial when managing your finances or facing collection attempts. While the statute of limitations limits how long creditors can sue you, it does not erase the debt. If you’re facing a lawsuit or creditor harassment, it’s wise to consult a legal professional who can help determine whether the statute of limitations has passed and provide guidance on your best course of action.
If you’re struggling with debt, taking steps now to negotiate, settle, or manage your financial obligations can help prevent legal issues down the road.
