The statute of limitations on credit card debt is 3 to 6 years in most states. The shortest windows are 3 years (in 13 states, including Alabama, Delaware, Maryland, New York, and North Carolina). The longest are 10 years in Rhode Island and 8 years in Wyoming. Once the deadline passes, a creditor or debt buyer can no longer win a lawsuit against you for the debt, and federal rules bar collectors from suing or threatening to sue. The debt itself doesn't disappear, though, and in most states a single payment can restart the clock.
The chart below lists every state's deadline for credit card debt, written contracts, oral contracts, and court judgments, plus whether a payment revives an expired debt. Each state links to a full page covering garnishment limits and bankruptcy exemptions too.
The short version
Count from the date of your last payment, not the date you opened the account. If that date is older than your state's limit, don't pay anything, sign anything, or admit the debt in writing until you've checked whether doing so restarts the clock. If you get sued anyway, you still have to show up and raise the statute of limitations as a defense. Courts don't apply it automatically.
Statute of Limitations on Debt by State: 50-State Chart
This table shows how long a creditor has to sue in each state, by type of debt. Credit card debt usually falls under a state's "open account" rule, though some states treat it as a written contract. Where courts disagree on which rule applies to card debt, we show the range.
| State | Credit card / open account | Written contract | Oral contract | Judgment life | Payment restarts clock? |
|---|---|---|---|---|---|
| Alabama | 3 years Ala. Code § 6-2-37 (open account); § 6-2-34 (written) | 6 years | 6 years | 20 years | Yes |
| Alaska | 3 years Alaska Stat. § 09.10.053 | 3 years | 3 years | 10 years | Yes |
| Arizona | 6 years Ariz. Rev. Stat. § 12-548(A)(2) | 6 years | 3 years | 10 years | Yes |
| Arkansas | 3 to 5 years Ark. Code Ann. § 16-56-111 (written); § 16-56-105 (open account) | 5 years | 3 years | 10 years | Yes |
| California | 4 years Cal. Civ. Proc. Code § 337(a) | 4 years | 2 years | 10 years | Limited |
| Colorado | 6 years Colo. Rev. Stat. § 13-80-103.5(1)(a) | 6 years | 6 years | 20 years | Yes |
| Connecticut | 6 years Conn. Gen. Stat. § 52-576(a) | 6 years | 3 years | 20 years | Limited |
| Delaware | 3 years 10 Del. C. § 8106 | 3 years | 3 years | 5 years | Yes |
| Florida | 4 to 5 years Fla. Stat. § 95.11(2)(b) (written); § 95.11(3) (open account) | 5 years | 4 years | 20 years | Limited |
| Georgia | 4 to 6 years O.C.G.A. § 9-3-24 (written); § 9-3-25 (open account) | 6 years | 4 years | 7 years | Yes |
| Hawaii | 6 years Haw. Rev. Stat. § 657-1 | 6 years | 6 years | 10 years | Yes |
| Idaho | 4 to 5 years Idaho Code § 5-216 (written); § 5-217 (open account) | 5 years | 4 years | 10 years | Yes |
| Illinois | 5 years 735 ILCS 5/13-205 | 10 years | 5 years | 7 years | Yes |
| Indiana | 6 years Ind. Code § 34-11-2-7 (accounts); § 34-11-2-9 (written contracts for payment of money) | 6 years | 6 years | 10 years | Yes |
| Iowa | 5 years Iowa Code § 614.1(4) | 10 years | 5 years | 20 years | Limited |
| Kansas | 3 years Kan. Stat. Ann. § 60-512(1) | 5 years | 3 years | 5 years | Yes |
| Kentucky | 5 to 10 years KRS 413.120 (open account); KRS 413.090/413.160 (written) | 10 years (15 before July 15, 2014) | 5 years | 15 years | Yes |
| Louisiana | 3 years La. Civ. Code art. 3494 (open account); art. 3499 (personal action) | 10 years | 10 years | 10 years | Yes |
| Maine | 6 years 14 M.R.S. § 752; 32 M.R.S. § 11013(8) | 6 years | 6 years | 20 years | No |
| Maryland | 3 years Md. Code, Cts. & Jud. Proc. § 5-101; § 5-1202 | 3 years | 3 years | 12 years | No |
| Massachusetts | 6 years Mass. Gen. Laws ch. 260, § 2 | 6 years | 6 years | 20 years | Yes |
| Michigan | 6 years Mich. Comp. Laws § 600.5807(9) | 6 years | 6 years | 10 years | Yes |
| Minnesota | 6 years Minn. Stat. § 541.053 | 6 years | 6 years | 10 years | No |
| Mississippi | 3 years Miss. Code Ann. § 15-1-29 (open account); § 15-1-49 | 3 years | 3 years | 7 years | No |
| Missouri | 5 years Mo. Rev. Stat. § 516.120(1) | 10 years | 5 years | 10 years | Yes |
| Montana | 5 years Mont. Code Ann. § 27-2-202(2) | 6 years | 5 years | 10 years | Yes |
| Nebraska | 4 years Neb. Rev. Stat. § 25-206 | 5 years | 4 years | 5 years | Yes |
| Nevada | 4 years Nev. Rev. Stat. § 11.190(2)(c) | 6 years | 4 years | 6 years | Yes (see state page) |
| New Hampshire | 3 years N.H. Rev. Stat. § 508:4 | 3 years | 3 years | 20 years | Yes |
| New Jersey | 6 years N.J. Stat. Ann. § 2A:14-1 | 6 years | 6 years | 20 years | Yes |
| New Mexico | 4 years N.M. Stat. § 37-1-4 (open account); § 37-1-3 (written) | 6 years | 4 years | 14 years | Yes |
| New York | 3 years N.Y. C.P.L.R. § 214-i | 6 years | 6 years | 20 years | No |
| North Carolina | 3 years N.C. Gen. Stat. § 1-52(1) | 3 years | 3 years | 10 years | Limited (debt buyers barred) |
| North Dakota | 6 years N.D. Cent. Code § 28-01-16(1) | 6 years | 6 years | 10 years | Yes |
| Ohio | 4 to 6 years Ohio Rev. Code § 2305.06 (written); § 2305.07 (open account) | 6 years | 4 years | 5 years | Yes |
| Oklahoma | 3 years Okla. Stat. tit. 12, § 95(A)(2) | 5 years | 3 years | 5 years | Yes |
| Oregon | 6 years Or. Rev. Stat. § 12.080(1) | 6 years | 6 years | 10 years | Yes |
| Pennsylvania | 4 years 42 Pa. C.S. § 5525 | 4 years | 4 years | 20 years | Yes |
| Rhode Island | 10 years R.I. Gen. Laws § 9-1-13(a) | 10 years | 10 years | 20 years | Yes |
| South Carolina | 3 years S.C. Code Ann. § 15-3-530(1) | 3 years | 3 years | 10 years | Yes |
| South Dakota | 6 years S.D. Codified Laws § 15-2-13(1) | 6 years | 6 years | 20 years | Yes |
| Tennessee | 6 years Tenn. Code Ann. § 28-3-109(a)(3) | 6 years | 6 years | 10 years | Yes |
| Texas | 4 years Tex. Civ. Prac. & Rem. Code § 16.004(a)(3) | 4 years | 4 years | 10 years | Limited (debt buyers barred) |
| Utah | 4 to 6 years Utah Code § 78B-2-307 (open account); § 78B-2-309 (written) | 6 years | 4 years | 8 years | Yes |
| Vermont | 6 years 12 V.S.A. § 511 | 6 years | 6 years | 8 years | Yes |
| Virginia | 3 years Va. Code § 8.01-246(A)(4) | 5 years | 3 years | 10 years | Yes |
| Washington | 6 years Rev. Code Wash. § 4.16.040(2) | 6 years | 3 years | 10 years | Yes |
| West Virginia | 5 years W. Va. Code § 55-2-6 | 10 years | 5 years | 10 years | Yes |
| Wisconsin | 6 years Wis. Stat. § 893.43 | 6 years | 6 years | 20 years | No |
| Wyoming | 8 years Wyo. Stat. § 1-3-105(a)(ii) | 10 years | 8 years | 5 years | Yes |
Judgment life is how long a court judgment stays enforceable before renewal. Many states allow renewal, which can stretch a judgment for decades. "Payment restarts clock" reflects the general rule for consumer debt in that state. Rules can differ for written acknowledgments versus payments, so check the state page before acting.
States With the Shortest and Longest Limits
The gap between states is bigger than most people expect. A card balance that's been unpaid for four years is untouchable in some states and still fair game in others.
Shortest: 3 years for credit card debt
13 states give creditors only 3 years to sue on credit card debt: Alabama, Alaska, Delaware, Kansas, Louisiana, Maryland, Mississippi, New Hampshire, New York, North Carolina, Oklahoma, South Carolina, and Virginia. If you live in one of these states and haven't paid in more than 3 years, there's a real chance any lawsuit would be time-barred.
Longest: 8 years or more
Rhode Island allows 10 years. Wyoming allows 8 years. In these states, old card debt stays legally collectible far longer than the 7 years it can appear on your credit report, so a debt that has dropped off your report can still lead to a valid lawsuit.
The middle: 4 to 6 years
Most states fall here. Six states use 4 years, five use 5 years, and 17 use 6 years. Six years is the single most common limit in the country. In another 7 states (Arkansas, Florida, Georgia, Idaho, Kentucky, Ohio, and Utah), courts split on whether card debt is an open account or a written contract, so the limit ranges across two values. Check the state page or ask a local attorney before relying on the shorter one.
When the Statute of Limitations Clock Starts
For most consumer debt, the clock starts on the date of default, which in practice is usually the date of your last payment. Opening the account years ago doesn't matter. Neither does the date a debt buyer purchased the account or the date it was charged off.
Here's a typical example. You made your last $85 payment on a Discover card in March 2022, then stopped. In a 3-year state like North Carolina, the deadline to sue would generally fall in March 2025. In a 6-year state like New Jersey, it would run to March 2028.
Your own records are the best evidence. Pull old bank statements to find the last payment that actually cleared, because collection letters sometimes list a different "date of last activity" that works in the collector's favor.
What Restarts the Statute of Limitations
In most states, three things can restart (or "revive") the statute of limitations on a debt:
- Making any payment, even $5. A partial payment is treated as acknowledging the debt.
- Acknowledging the debt in writing, such as signing a letter or payment plan that admits you owe it.
- Making a new promise to pay, which in a few states counts even if it's verbal.
This is why collectors push hard for a "good faith" payment on old accounts. A small payment can hand them a fresh lawsuit window.
A growing number of states have closed this loophole for consumer debt. In New York (N.Y. C.P.L.R. § 214-i, effective 2022), Minnesota (Minn. Stat. § 541.053), Maine (32 M.R.S. § 11013(8)), and Maryland (Md. Code, Cts. & Jud. Proc. § 5-1202), a payment made after the deadline does not revive the debt. California lets a payment extend a clock that is still running but not revive one that has expired, and it bars suits on time-barred debt outright. Texas (Tex. Fin. Code § 392.307) and North Carolina (N.C. Gen. Stat. § 58-70-115) shield consumers from debt buyers specifically. In Florida and Iowa, a payment alone isn't enough; the creditor needs a signed written acknowledgment. And in Mississippi and Wisconsin, an expired statute of limitations wipes out the debt itself, not just the right to sue.
What a Collector Can and Can't Do After the Deadline
An expired statute of limitations is a defense to a lawsuit. It doesn't erase the debt, and it doesn't stop all collection.
- Collectors can't sue or threaten to sue. The CFPB's Regulation F flatly prohibits a debt collector from bringing or threatening a lawsuit on a time-barred debt (12 C.F.R. § 1006.26(b)). That rule took effect November 30, 2021.
- They can still call and write. Contact is legal as long as it follows the FDCPA's rules on timing, frequency, and honesty. You can stop it by sending a written request to cease communication under 15 U.S.C. § 1692c(c).
- The account can stay on your credit report, but only for 7 years from the original delinquency under the Fair Credit Reporting Act (15 U.S.C. § 1681c(a)). That's a separate clock, and paying a time-barred debt doesn't reset it.
- Original creditors aren't always covered. Regulation F applies to third-party collectors and debt buyers. A bank collecting its own debt is governed by state law, which in most states still bars a suit after the deadline.
Statute of limitations vs. credit reporting limit
| Clock | Length | Starts | Can a payment reset it? |
|---|---|---|---|
| Statute of limitations | 3 to 10 years, set by state law | Date of default or last payment | Yes, in most states |
| Credit reporting limit | 7 years, set by federal law (FCRA) | 180 days after the first missed payment that led to collection | No |
Which State's Statute of Limitations Applies to You
Usually the state where you live when you're sued, but not always. Three things can change the answer:
- Choice-of-law clauses. Many card agreements say the law of the bank's home state (often Delaware, South Dakota, or Utah) governs the contract. Courts are split on whether that clause controls the limitations period.
- Borrowing statutes. Some states, including New York, apply the shorter of their own deadline or the deadline where the claim arose. That can help you if you moved from a short-limit state.
- Where the case is filed. Collectors generally have to sue where you live or where you signed the contract under 15 U.S.C. § 1692i, and that court applies its own procedural rules.
If you've moved since you stopped paying, it's worth a short call with a consumer attorney before you assume either state's rule applies. Many offer free consultations for FDCPA cases because the law lets them recover fees from the collector.
What to Do If You're Sued on an Old Debt
File a written answer before the deadline on your summons, and list "statute of limitations" as an affirmative defense. That's the single most important step. If you skip it, the court will likely enter a default judgment, and a judgment comes with its own, much longer clock (often 10 to 20 years) plus the power to garnish wages.
- Find your last payment date in bank statements or the account's original records.
- Check your state's limit in the chart above and on your state's debt law page.
- File an answer with the court clerk raising the statute of limitations, and keep a stamped copy.
- Consider a counterclaim. Suing on time-barred debt can violate the FDCPA, which allows up to $1,000 in statutory damages plus attorney fees under 15 U.S.C. § 1692k.
Our guide to being sued by a debt collector walks through the answer, discovery, and settlement options in more detail. If the debt is recent and the lawsuit is valid, compare your options in bankruptcy versus settlement and the best nonprofit credit counseling agencies.
Statute of Limitations FAQ
How long is the statute of limitations on credit card debt?
In most states it is 3 to 6 years from your last payment. The shortest limit is 3 years (in states including Alabama, Delaware, Maryland, New York, and North Carolina), and the longest is 10 years in Rhode Island. Six years is the most common limit nationwide.
Does making a payment restart the statute of limitations?
In most states, yes. Any payment, even a small one, or a written acknowledgment of the debt can restart the clock. New York, Minnesota, Maine, and Maryland are exceptions: a payment made after the deadline does not revive consumer debt there. Florida and Iowa require a signed written acknowledgment rather than a payment alone.
Can a debt collector sue me after the statute of limitations expires?
Debt collectors are prohibited from suing or threatening to sue on time-barred debt under the CFPB's Regulation F (12 C.F.R. § 1006.26(b)). If one sues anyway, you must file an answer and raise the statute of limitations as an affirmative defense, because courts do not apply it automatically. Ignoring the suit can lead to a default judgment.
Is the statute of limitations the same as the 7-year credit report limit?
No. The statute of limitations is set by state law and controls how long a creditor can sue. The 7-year limit comes from the federal Fair Credit Reporting Act and controls how long a delinquent account can appear on your credit report. Paying an old debt can restart the statute of limitations in many states, but it never extends the 7-year reporting period.
Do I still owe a debt after the statute of limitations passes?
In most states, yes. The debt still exists and collectors can still contact you, but they cannot win a lawsuit to collect it. Mississippi and Wisconsin are exceptions, where an expired statute of limitations extinguishes the debt itself.
When does the statute of limitations start on a debt?
For most consumer debt, the clock starts on the date of default, which is usually the date of your last payment. The date you opened the account, the charge-off date, and the date a debt buyer purchased the account generally do not restart it.
Which state's statute of limitations applies if I moved?
Usually the law of the state where you are sued, which is typically where you live now. A card agreement's choice-of-law clause or your state's borrowing statute can change that. New York, for example, applies the shorter of its own limit or the limit where the claim arose.
Related Guides
See the full debt collection laws by state directory for garnishment caps and bankruptcy exemptions, our legal debts overview, how to stop debt collector calls, what happens if you stop paying credit cards, and the Debt Answers library.