Statute of Limitations on Debt by State (2026 Guide)

What Is the Statute of Limitations on Debt?

The statute of limitations is the maximum time period you have to file a lawsuit to collect a debt. Once the statute expires, you can still ask for payment, but you can no longer sue for it.

Important: The statute of limitations is NOT the same as how long a debt appears on a credit report (that's typically 7 years regardless of the statute).

When Does the Clock Start?

The statute of limitations typically begins:

• On the date of the last payment (in many states)

• On the date the debt became due and went unpaid

• On the date of the breach of contract

Statutes of Limitations by State (2026)

Written Contracts

| State | Years | State | Years | State | Years | |-------|-------|-------|-------|-------|-------| | AL | 6 | IL | 10 | MT | 5 | | AK | 3 | IN | 6 | NE | 5 | | AZ | 6 | IA | 10 | NV | 6 | | AR | 5 | KS | 5 | NH | 3 | | CA | 4 | KY | 15 | NJ | 6 | | CO | 6 | LA | 10 | NM | 6 | | CT | 6 | ME | 6 | NY | 6 | | DE | 3 | MD | 3 | NC | 3 | | FL | 5 | MA | 6 | ND | 6 | | GA | 6 | MI | 6 | OH | 6 | | HI | 6 | MN | 6 | OK | 5 | | ID | 5 | MS | 3 | OR | 6 | | PA | 4 | RI | 10 | SC | 3 | | SD | 6 | TN | 6 | TX | 4 | | UT | 6 | VT | 6 | VA | 5 | | WA | 6 | WV | 10 | WI | 6 | | WY | 10 | DC | 3 | | |

Oral Contracts

Oral agreements typically have shorter statutes of limitations — usually 2-4 years. This is why written contracts are so important.

Can the Clock Reset?

In many states, the statute of limitations can restart if:

• The debtor makes a partial payment

• The debtor acknowledges the debt in writing

• A new written agreement is made

Be careful: In some states, even a small payment on an old debt can restart the entire clock.

What If the Statute Has Expired?

• You can still ask for payment — just can't sue for it

• You can still send a demand letter — it may still motivate payment

• The debtor can raise the expired statute as a defense if you file in court

• Some states make it illegal to threaten to sue on time-barred debt

Best Practice

Don't wait. Send your demand letter and file your case as soon as possible. Every day you delay:

• Memories fade

• Evidence gets lost

• People move

• Assets disappear

• You get closer to the statute of limitations

The best time to pursue a debt is within the first 90 days of non-payment. After a year, collection rates drop significantly.