State statutes of
limitations for old debts
By
Lucy Lazarony • Bankrate.com
Once a debt
passes beyond the statute of limitation in your state, a debt collector no
longer has the right to sue you for payment. You may still have a moral
obligation to pay back an old, forgotten debt, but you can't be sued over it.Any debt collector who threatens to sue you over a debt that is beyond the statute of limitation in your state is in violation of the Fair Debt Collection Practices Act.
The chart below offers a state-by-state roundup of statutes of limitations for delinquent debt. Credit cards are considered open accounts. For the best rates on credit cards, see our search engine. If you're being hassled about an old debt, the chart below is a great starting point and was accurate as of the date it was published here.
If you need legal assistance with a delinquent debt, visit the website of the National Association of Consumer Advocates and search for an attorney with expertise in debt collection in your area.
Statutes of limitations for each
state (in number of years)
|
||||
|
State
|
Written contracts
|
Oral contracts
|
Promissory notes
|
Open-ended
accounts (including credit cards)
|
|
Alabama
|
3
|
6
|
6
|
3
|
|
Alaska
|
3
|
6
|
3
|
3
|
|
Arizona
|
6
|
3
|
5
|
3
|
|
Arkansas
|
5
|
3
|
3
|
5
|
|
California
|
4
|
2
|
4
|
4
|
|
Colorado
|
6
|
6
|
6
|
6
|
|
Connecticut
|
6
|
3
|
6
|
6
|
|
Delaware
|
3
|
3
|
3
|
3
|
|
D.C.
|
3
|
3
|
3
|
3
|
|
Florida
|
5
|
4
|
5
|
4
|
|
Georgia
|
6
|
4
|
6
|
4 or 6**
|
|
Hawaii
|
6
|
6
|
6
|
6
|
|
Idaho
|
5
|
4
|
5
|
5
|
|
Illinois
|
10
|
5
|
10
|
5 or 10***
|
|
Indiana
|
10
|
6
|
10
|
6
|
|
Iowa
|
10
|
5
|
5
|
10
|
|
Kansas
|
3
|
3
|
3
|
3
|
|
Kentucky
|
15
|
5
|
15
|
5 or 15****
|
|
Louisiana
|
3
|
10
|
10
|
3
|
|
Maine
|
6
|
6
|
6
|
6
|
|
Maryland
|
3
|
3
|
6
|
3
|
|
Massachusetts
|
6
|
6
|
6
|
6
|
|
Michigan
|
6
|
6
|
6
|
6
|
|
Minnesota
|
6
|
6
|
6
|
6
|
|
Mississippi
|
3
|
3
|
3
|
3
|
|
Missouri
|
5
|
5
|
5
|
5
|
|
Montana
|
8
|
5
|
8
|
8
|
|
Nebraska
|
4
|
4
|
4
|
4
|
|
Nevada
|
4
|
4
|
4
|
4
|
|
New Hampshire
|
3
|
3
|
3
|
3
|
|
New Jersey
|
6
|
6
|
6
|
6
|
|
New Mexico
|
4
|
4
|
4
|
4
|
|
New York
|
6
|
6
|
6
|
6
|
|
North Carolina
|
3
|
3
|
5
|
3
|
|
North Dakota
|
6
|
6
|
6
|
6
|
|
Ohio
|
6
|
6
|
6
|
6
|
|
Oklahoma
|
5
|
3
|
5
|
3 or 5****
|
|
Oregon
|
6
|
6
|
6
|
6
|
|
Pennsylvania
|
4
|
4
|
4
|
4
|
|
Rhode Island
|
10
|
10
|
10
|
10
|
|
South Carolina
|
10
|
10
|
3
|
3
|
|
South Dakota
|
6
|
3
|
6
|
6
|
|
Tennessee
|
6
|
6
|
6
|
6
|
|
Texas
|
4
|
4
|
4
|
4
|
|
Utah
|
6
|
4
|
6
|
4
|
|
Vermont
|
5
|
3
|
6
|
3
|
|
Virginia
|
6
|
6
|
5
|
6
|
|
Washington
|
6
|
3
|
6
|
6
|
|
West Virginia
|
10
|
10
|
10
|
10
|
|
Wisconsin
|
6
|
6
|
10
|
6
|
|
Wyoming
|
10
|
8
|
10
|
8
|
**
Georgia Court of Appeals came out with a decision on January 24, 2008 in Hill
v. American Express that in Georgia the statute of limitations on a credit card
is six years after the amount becomes due and payable.
***
An Illinois appeals court ruled on May 20, 2009, that the statute of
limitations on a credit card debt without a written contract was 5 years.
****
State law doesn't specify the limitations on open accounts.
Source:
Bankrate.com
Read more: http://www.bankrate.com/finance/credit-cards/state-statutes-of-limitations-for-old-debts-1.aspx#ixzz3NVA1GdZa
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