State statutes of limitations for old debts
By Lucy
Lazarony • Bankrate.com
When dealing with an old debt, it's important
to know your limits.
Once a debt passes beyond the statute of limitations
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 limitations 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. Keep
in mind that some states consider credit card agreements written
contracts and other states treat card agreements as oral contracts.
Still other states have specific statutes of limitations for credit
card accounts.
If you're being hassled about an old debt, the
chart below is a great starting point.
For specific details on the statute of limitations
on credit card accounts in your state, contact a consumer attorney
or the consumer protection division in the office of your state's
attorney general.
To find an attorney near you, visit the Web
site of the National Association of Consumer Advocates and search
for an attorney with expertise in debt collection in your area.
To find your state's attorney general, click here.
|
Statutes of limitations
for delinquent debt
|
| State |
Written contracts
|
Oral contracts
|
Promissory notes
|
| Alabama |
6 years
|
6 years
|
6 years
|
| Alaska |
3 years
|
3 years
|
3 years
|
| Arizona |
6 years
|
3 years
|
6 years
|
| Arkansas |
5 years
|
3 years
|
5 years
|
| California |
4 years
|
2 years
|
4 years
|
| Colorado |
6 years
|
6 years
|
6 years
|
| Connecticut |
6 years
|
3 years
|
6 years
|
| Delaware |
3 years
|
3 years
|
6 years
|
| D.C |
3 years
|
3 years
|
3 years
|
| Florida |
5 years
|
4 years
|
5 years
|
| Georgia |
6 years
|
4 years
|
6 years
|
| Hawaii |
6 years
|
6 years
|
6 years
|
| Idaho |
5 years
|
4 years
|
5 years
|
| Illinois |
10 years
|
5 years
|
10 years
|
| Indiana |
10 years*
|
6 years
|
6 years
|
| Iowa |
10 years
|
5 years
|
10 years
|
| Kansas |
5 years
|
3 years
|
5 years
|
| Kentucky |
15 years
|
5 years
|
15 years**
|
| Louisiana |
10 years
|
10 years
|
5 years
|
| Maine+ |
6 years
|
6 years
|
6 years
|
| Maryland |
3 years
|
3 years
|
3 years
|
| Massachusetts+ |
6 years
|
6 years
|
6 years
|
| Michigan |
6 years
|
6 years
|
6 years
|
| Minnesota |
6 years
|
6 years
|
6 years
|
| Mississippi |
3 years
|
3 years
|
3 years
|
| Missouri |
10 years
|
5 years
|
10 years
|
| Montana |
8 years
|
5 years
|
8 years
|
| Nebraska |
5 years
|
4 years
|
5 years
|
| Nevada |
6 years
|
4 years
|
6 years
|
| New Hampshire |
3 years
|
3 years
|
3 years
|
| New Jersey |
6 years
|
6 years
|
6 years
|
| New Mexico |
6 years
|
4 years
|
6 years
|
| New York |
6 years
|
6 years
|
6 years
|
| North Carolina |
3 years
|
3 years
|
3 years
|
| North Dakota |
6 years
|
6 years
|
6 years
|
| Ohio |
15 years
|
6 years
|
15 years
|
| Oklahoma |
5 years
|
3 years
|
5 years
|
| Oregon |
6 years
|
6 years
|
6 years
|
| Pennsylvania |
4 years
|
4 years
|
4 years
|
| Rhode Island |
10 years
|
10 years
|
10 years
|
| South Carolina |
3 years
|
3 years
|
3 years
|
| South Dakota |
6 years
|
6 years
|
6 years
|
| Tennessee |
6 years
|
6 years
|
6 years
|
| Texas |
4 years
|
4 years
|
4 years
|
| Utah |
6 years
|
4 years
|
6 years
|
| Vermont |
6 years
|
6 years
|
6 years***
|
| Virginia |
5 years
|
3 years
|
6 years
|
| Washington |
6 years
|
3 years
|
6 years
|
| West Virginia |
10 years
|
5 years
|
10 years
|
| Wisconsin |
6 years
|
6 years
|
6 years
|
| Wyoming |
10 years
|
8 years
|
10 years
|
*Six years if contract is for payment
of money.
** Five years if promissory note is added to a bill of sale.
+ The applicable statute of limitations in Maine and Massachusetts
on a debt owed to a bank or on a promissory note signed
before a witness is 20 years.
Me. Rev. Stat. Ann. tit.14, s 751; Mass. Gen. Laws ch. 260,
s 1.
***Vermont's statute of limitations on a promissory note
signed before a witness is 14 years.
Source: Money Troubles:
Legal Strategies to Cope With Your Debts, 9th edition (Nolo,
2003). http://www.nolo.com.
Used by permission.
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