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Statute of limitations for creditors

 

If you have an old debt, you need to know your limits. Statute of limitations is a legislative act restricting the time within which legal proceedings may be brought, usually to a fixed period after the occurrence of the events that gave rise to the cause of action.

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 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.

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.

 

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©1997-2010 RMCN Credit Services, Inc. All rights reserved. RMCN Credit Services, Inc does not provide tax, legal or financial advice. If you need any type of legal advice,
you must contact a licensed attorney. Comments about the possible and/or potential outcome of Client's matters are based upon experience and prior success in these matters.
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and information including investigation results are essential for the accomplishment of an accurate credit report.Individual results may vary.