A lot of people wonder is there a statutes of limitations on debt collection? The answer is yes, and old accounts don’t live forever. But, under the right circumstances, the debt statute of limitations can be renewed for just about any type of debt. So if you think you are being contacted about a debt that is past statute of limitations on collections get a free, no obligation free fair debt/fair credit case review (or call toll free 888-332-7252) before you pay anyone anything.
What are debt statutes of limitations (SOL)?
The debt collection statute of limitations refers to the amount of time a creditor can longer sue you to collect. Debts that are past the debt statute of limitations maybe uncollectible, unreportable or capable of simple resolution.
If a debt collector threatens to sue you over an account that is beyond the state statute of limitations on debt they are in violation of the Fair Debt Collection Practices Act. In fact, it is an FDCPA violation for a debt collector to even try and collect a debt that is past the debt collection statute of limitations without advising you that it is past the debt collection SOL for your state.
Generally speaking, they are the legal time limit that bars enforcement of the debt through the court system. However:
- not all debts have a statute of limitations;
- the debt SOL is not the same for all debts;
- a debt may have more than one applicable limitation period; and,
- statute of limitations on debt by state are different.
So before you pay any debt collector anything, review the below chart of debt statute of limitations by state. And if you think your debt is past the statute of limitations on debt collection, submit your information for a free no obligation fair debt statute of limitations case review. If a collector tries to collect a debt that is past the limitations statute, he may be violating your rights and that could mean HE PAYS YOU!
Statutes of limitations for debt collection can differ by account type
There is not a debt collection statute of limitations; there are many.
There are state statutes of limitation on credit card debt collection which apply to open ended contracts such as credit cards and store credit accounts. There are also statute of limitations on medical bills as well as contracts under the Uniform Commercial Code (UCC). Also covered under most state’s statutes of limitation debt collection are oral agreements, promissory notes, written contracts, loans, mortgages and car payments. Foreign and domestic judgments are also types of debts covered by your state’s statute of limitations on debt.
Learn the debt collections statutes of limitations before you pay
And although you want to consider paying any valid debt, you should first educate yourself on the collection statute of limitations before paying a debt or making any decisions that might affect your personal financial situation. Laws such as statute of limitations for collecting a debt, the Fair Debt Collection Practices Act, Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Truth In Lending Act (TILA), Electronic Fund Transfer Act (EFTA) and other must know consumer rights protect you when financial disaster strikes.
IMPORTANT: although a statute of limitations has collectors may still attempt to collect expired debts (unless they were discharged in bankruptcy), and even take you to court. Suing on an expired debt can be a violation of your consumer rights and a complete defense to their claim. Still, you must appear in court to raise the expired statute of limitations defense and if you fail to appear in court, collectors stand an excellent chance of obtaining a default judgment.
When does the SOL begin to run, and can it be stopped?
Generally, the statute of limitations for collecting debts begins the moment you default on a credit contract. However, the exact statute of limitations by state will depend on the type of debt and your state’s civil debt collection codes. Generally, unsecured debt such as credit cards and personal loans expire three to six years after the last missed payment or the consumer’s last activity on the account, but debts such as judgments can last up to 20 years or longer.
Important, an expired SOL can be used as a defense to bar collectors from collecting through the courts, however the debt DOES NOT go away! Collectors can still attempt to collect the debt using other legal dunning methods.
You can toll or reset the debt collection statutes of limitations
Still, the SOL can be “tolled” which can extend stop the SOL and extend the debt a certain period of time. Credit cards and personal loans are easy examples of “stopping the collection time clock” because each monthly payment restarts the clock. This also happens where debtors move from state with a short debt collection statute of limitations to a state with a longer limitations period on debt.
WARNING, making ANY payment or signing a promissory note on an expired debt can also reset or restart (depends on your state law) the statute of limitations. Always ensure the debt is valid, and then check your state laws to see if the debt has a statute of limitations BEFORE taking any other action such as making a payment or signing an agreement to make payments. Statutes of limitations for the collection of debts are often misunderstood, and we encourage you to learn your state’s rules.
IMPORTANT, the statute of limitations for credit reporting (7 to 10 years) is not the same as the statute for debt collections.
What is the statute of limitations for a debt on a credit report?
Many people confuse the debt statute of limitations with the statute of limitations on credit reporting. The credit statute of limitations is the maximum amount of time given to credit bureaus to old debt on your credit report. For the majority of accounts, it is seven years from the date of delinquency though bankruptcies and tax liens can be reported for longer. The credit statute of limitations is dictated by the Fair Credit Reporting Act and does not influence the state statute of limitations for debt collection.
Do not confuse the statute of limitations for debt collection with the statute of limitations for credit reporting. For example, if your state’s statute of limitations for collecting credit card debt is only four years, you can’t be legally sued after that time unless you’ve restarted the debt or its been otherwise tolled. But, according to the Fair Credit Reporting Act (FCRA), the debt can still be reported for seven (7) years from the date of your last missed payment date. This makes parking old debts on your credit report a very effective strategy.
The FCRA limits the number of years credit reporting agencies or credit bureaus can report most types of debt to either seven or ten years (in the case of bankruptcy). Some debts can remain even longer, like tax liens or judgments which can remain indefinitely if not paid.
Credit reporting can be reaged, making old debts seem within the credit reporting statute of limitations
Still, a lot of collectors like to reage debts on your credit report—that is, make them seem younger than they really are. They can do this by changing the date of last payment or last activity on the account.
Reaging will make the debt stay on your report longer, and may even trick you into thinking the collection limitations period hasn’t passed. If you think a debt collector is reaging a debt, trying to collect a debt that is otherwise past its limitations period without telling you, or is making other false or misleading representations, they are likely committing an FDCPA and you may be a victim of unfair or illegal debt collection tactics. Submit your information for a free case review, the debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!
State Debt Collection Statute of Limitations by State
District of Columbia
Alabama Debt Collection Statutes of Limitations
Contracts under seal: 10 years, (A.C. 6-2-33)
Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)
Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)
Open accounts: 3 years (A.C. 6-2-37)
Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)
Actions based on fraud: 2 years (A.C. 6-2-3)
Alaska Debt Collection Statutes of Limitations
Action on a sealed instrument: 10 years (A.S. 09.10.40)
Action to recover real property: 10 years (A.S. 09.10.30)
Action upon written contract: 3 years (A.S. 09.10.55) Note: prior to 8/7/97 -the statute of limitations for written contracts was six years.
Action upon contract for sale: 4 years (A.S. 45.02.725) However, limitations by agreements may be reduced, but not less than one year (A.S. 45.02.725).
Arizona Debt Collection Statutes of Limitation
Written contracts: 6 years, runs from date creditor could have sued account.
Oral debts, stated or opens accounts: 3 years.
Actions for fraud or mistake: 3 years from the date of the discovery of the fraud or mistake.
Actions involving fiduciary bonds, out of state instruments and foreign judgments: 4 years. NOTE: Arizona applies its own statute of limitations to foreign judgments rather than that of the state that originally rendered the judgment whether the judgment is being domesticated under the Uniform Enforcement of Foreign Judgments Act or pursuant to a separate action on the foreign judgment.
An Arizona judgment must be renewed within five years of the date of the judgment.
Arkansas Debt Collection Statutes of Limitations
Written contracts: 5 years, NOTE: Partial payment or written acknowledgement of default stoppeds this statute of limitations. (A.C.A. 16-56-111)
Contracts not in writing: 3 years, (A.C.A. 16- 56-105)
Breach of any contract for the sale of goods covered by the UCC: 4 years, (A.C.A. 4-2- 725)
Medical debts: 2 years from date services were performed or provided or from the date of the most recent partial payment for the services, whichever is later. (A.C.A. §16-56-106)
Negligence actions: 3 years after the cause of action. (A.C.A. § 16-56-105)
California Debt Collection Statutes of Limitation
Written agreements: 4 years, calculated from the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.
Colorado Debt Collection Statutes of Limitation
Domestic and foreign judgments: 6 years and renewable each six years. Note: If for child support, maintenance or arrears the judgment (lien) stays in effect for the life the judgment without the necessity of renewal every six years.
All contract actions, including personal contracts and actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided in 13-80-103.5; All claims under the Uniform Consumer Credit Code, except sections 5-5-201(5); All actions to recover, detain or convert goods or chattels, except as otherwise provided in section 13 -80-103.5.
Liquidated debt and unliquidated determinable amount of money due; Enforcement of instrument securing the payment of or evidencing any debt; Action to recover the possession of secured personal property; Arrears of rent: 6 years, (C.R.S. 13-80-103.5)
Connecticut Debt Collection Statutes of Limitation
Written contact, or on a simple or implied contract: 6 years, (CGS 52-576)
Oral contract, including any agreement wherein the party being charged has not signed a note or memorandum: 3 years, (CGS § 52- 581)
Delaware Debt Collection Statutes of Limitation
General contracts: 3 years;
Sales under the UCC: 4 years
Notes 6 years;
Miscellaneous documents under seal: No limitation.
District of Columbia Debt Collection Statutes of Limitation
Contract, open account or credit card account: 3 years from the date of last payment or last charge. NOTE: An oral promise to pay re-starts the three years.
Contracts under seal: 12 years.
UCC Sales of Goods: 4 years.
Florida Debt Collection Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
Libel, slander, or unpaid wages: 2 years.
Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
Georgia Debt Collection Statutes of Limitation
Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach.
Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.
Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)
Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.
Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.
Hawaii Debt Collection Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
Contract, obligation or liability: 6 years.
Judgments: 10 years, renewable if an extension is sought during the 10 years.
NOTE: The time limitation stopped during the time of a person’s absence from the state or during the time that an action is stayed by injunction of any court.
Idaho Debt Collection Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
Written contract or liability: 5 years.
Contract or liability that is not written: 4 years. NOTE: The time period begins as of the date of the last item, typically a payment or a charge under a credit card agreement. A written acknowledgement or new promise signed by the debtor is sufficient evidence to cause the relevant statute of limitations to begin running anew. Any payment of principal or interest is equivalent to a new promise in writing to pay the residue of the debt.
Judgments: 5 years but may be renewed for another five-year period. NOTE: An independent action on a judgment of any court of the United States must be brought within 6 years.
The time limitation for the commencement of any action is tolled during the time of a person’s absence from the state or during the time that an action is stayed by injunction or by statutory prohibition action.
Illinois Debt Collection Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.
Domestic judgments: 20 years, but can be renewed during that 20-year period.
Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.
Tolling: A person’s absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.
Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118
Indiana Debt Collection Statutes of Limitation
Breach of contract for sale under UCC: 4 years.
Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.
Written contracts unrelated to the payment of money: 10 years.
Written acknowledgement or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.
Judgments: 10 years unless renewed.
Iowa Debt Collection Statutes of Limitation
Open account: 5 years from last charge, payment, or admission of debt in writing. Unwritten contracts: 5 years from breach.
Written contracts: 10 years from breach.
Demand note: 10 years from date of note.
Judgments: 20 years. However, an action brought on a judgment after nine years but not more than ten years can be brought to renew the judgment.
NOTE: Deficiency judgments on most residential foreclosures, and judgments on mortgage notes become essentially worthless two years from date of judgment.
Kansas Debt Collection Statutes of Limitation
Written agreement, contract or promise: 5 years.
Expressed or implied but not written contracts, obligations or liabilities: 3 years.
Relief on the grounds of fraud: 2 years.
Kentucky Debt Collection Statutes of Limitation
Recovery of real property: 15 years (KRS 413.0 10).
Judgment, contract or bond: 15 years (KRS 413.110).
Breach of sales contract: 4 years (KRS 355.2- 725).
Contract not in writing: 5 years (KRS413.120). NOTE: Action for liability created by statute when no there is no time fixed by statute: 5 years (KRS413.120).
Action on check, draft or bill of exchange: 5 years (KRS 413.120).
Action for fraud or mistake: 5 years (KRS 413.120).
Actions not provided for by statute: 10 years (KRS 413.160).
Louisiana Debt Collection Statutes of Limitation
Contracts: 10 years.
Open accounts: 3 years.
Lawsuits, which are filed but not pursued, become null three years after the last action taken.
Judgment: 10 years, and if not renewed within the ten years become a nullity.
Maine Debt Collection Statutes of Limitation
Generally all civil actions must be commenced within 6 years after the cause of action accrues. (14 M.R.S.A. 752)
The primary exception is for liabilities under seal, promissory notes signed in the presence of an attesting witness, or on the bills, notes or other evidences of debt issued by a bank, in which case, the limitation is twenty (20) years after the cause of action accrues. (14 M.R.S.A. 751)
Judgments are presumed paid after twenty (20) years. (14 M.R.S.A. 864)
Maryland Debt Collection Statutes of Limitation
Civil action: 3 years from the date it accrues, unless:
Breach of contract under any sale of goods and services under the UCC: 4 years after the cause of action, even if the aggrieved party is unaware of the breach.
Promissory notes or instruments under seal, bonds, judgments, recognizance, contracts under seal, or other specialties: 12 years.
Financing statement: 12 years, unless a continuation statement is filed by a secured party six (6) months prior to end of twelve (12) year period. (Maryland, Commercial Law article Sec. 2-725; Courts & Judicial Proceedings Article Sec. 5-101-02, 9-403).
NOTE: The 3 year statute of limitations begins again if creditors can document that a debtor has reaffirmed a debt by a good faith basis by a written agreement, orally, or by payment.
Massachusetts Debt Collection Statutes of Limitation
Debt instruments issued by banks, Contract under seal: 20 years.
Judgments: 20 Years.
Oral or Written Contracts: 6 Years.
Consumer Protection Actions: 4 Years.
Recovery of Property: 3 Years.
Probate Claims: 1 Year from date of death.
Claims on mortgage notes following foreclosure or on claims junior to a foreclosed mortgage: 2 Years.
Michigan Debt Collection Statutes of Limitation
Breach of Contract: 6 years, (MCL 600.5807(8).
Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).
Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).
NOTE: Another state’s limitation period may apply check statutes carefully.
Minnesota Debt Collection Statutes of Limitation
Breach of contract for sale under the UCC: 4 years, (MSA 336.2.).
NOTE: Except where the Uniform Commercial Code otherwise prescribes, actions based on a contract or other obligation, express or implied, must be brought within 6 years after the cause of action occurred (Chapter 541).
Tolling: New written acknowledgement or payment tolls the statute of limitations for the debt.
Judgments: 10 years.
Mississippi Debt Collection Statutes of Limitation
Contracts and Promissory Notes: 3 years (MCA 75-3-118, 75-2-725, and 15-1-49).
Open Accounts: 3 years from the date at which time the items on the account became due and payable,(MCA 15-1-29 & MCA 15-1-31).
Judgment liens on real estate: 7 years, but can be renewed by filing suit to renew judgment prior to expiration of 7th year, (MCA 15-1-47).
Deficiency claims: 1 year from sale of collateral, (MCA 15-1-23)
Enforcement of construction liens: 1 year from date lien is filed, (MCA 85- 7-141)
Missouri Debt Collection Statutes of Limitation
Written agreement that contemplates the payment of money or property: 10 Years, (Mo.Rev. Stat. §5l6.ll 0). NOTE: Under certain circumstances, the contractual statute of limitations may be reduced to five years.
Open accounts: 5 years, (Mo. Rev. Stat. §5l6.l20).
Sale of goods under the UCC: 4 years. NOTE: The statute begins to run from the date when the breach occurred for contracts and from the time of the last item in the account on the debtor’s side for actions on accounts.
Montana Debt Collection Statutes of Limitation (MCA Title 27, Chapter 2)
Written contract, obligation or liability: 8 years.
Contract, account or promise that is not based on a written instrument: 5 years.
Montana obligation on to provide a certain level of support for a spouse, child or indigent parent: 2 years.
Obligation or liability, other than a contract, account or promise not based on a written instrument: 3 years.
Relief on the grounds of fraud or mistake: 2 years.
NOTE: A written acknowledgement signed by the debtor or any payment on a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.
Judgment or decree of any U.S. court: 10 years. NOTE: Judgments rendered in a court not of record: 6 years.
Nebraska Debt Collection Statutes of Limitation
Real estate or foreclosure mortgage actions; product liability; 10 years.
Foreign judgments, contract or promise in writing, express or implied: 5 Years.
Unwritten contract, express or implied; Recovery of personal property; Relief on grounds of fraud; breach of contract for sale of goods; and open account: 4 years.
Liability created by federal statute with no other limitation: 3 years. Malpractice: 2 Years.
NOTE: SoL can be interrupted by partial payment or written acknowledgement of debt. The statute starts to run anew from the date of the partial payment or written acknowledgement, (Neb. Rev. Stat. §25-216)
NOTE: Actions on breach of contract for sale may be reduced to not less than one year.
Nevada Debt Collection Statutes of limitation
Written contract: 6 years.
Verbal contract: 4 years.
Property damage: 3 years.
Personal injury: 2 years.
New Hampshire Debt Collection Statutes of Limitation
Contracts and open accounts: 3 years, (RSA 508:4).
Contracts for the sale of goods under UCC: 4 years, (RSA 382-A: 2- 725).
Notes, defined as negotiable instruments: 6 years (RSA 382-A: 3-118)
Judgments, recognizance, and contracts under seal: 20 years (RSA 508:5)
Notes secured by a mortgage: 20 years and applies even if the mortgage has been foreclosed, (RSA 508:6).
Tolling: Payment on an account tolls the statute.
NOTE: Installment loans allow for separate measurement of the statutory period as each separate payment comes due, unless the loan has been accelerated.
New Jersey Debt Collection Statutes of Limitation
Conversion of an instrument for money: 3 years, (N.J.S.A.12A: 3-118(g)).
Sale of goods under the UCC: 4-years, (N.J.S.A. 12A; 2-725).
Real or personal property damage, recovery and contracts not under seal: 6 years (N.J.S.A. 2A: 14-1).
Demand Notes when no demand is made: 10 years. If demand made: 6 years from date of demand, (12A: 3-118(b)).
Obligations under seal for the payment of money only, except bank, merchant, finance company or other financial institution: 16 years, (N.J.S.A. 2A: 14-4) actions for unpaid rent if lease agreement is under seal, (N.J.S.A. 2A: 14-4).
Real estate: 20 years, (N.J.S.A. 2A: 14-7); Judgments: 20 years, renewable, (2A: 14-5); Foreign judgments: 20 years (unless period in originating jurisdiction is less), (2A: 14- 5).
Unaccepted drafts: 3 years from date of dishonor or 10 years from date of draft, whichever expires first, (12A: 3- 118(c)).
New Mexico Debt Collection Statutes of Limitation
Contract in writing: 6 years (except any contract for the sale of personal property is 4 years or the last payment, whichever is later).
All other creditor-debtor transactions are 4 years after accrual of the right to sue.
NOTE 1: An action accrues on the first date on which the creditor can sue for a breach or for relief, generally from the last purchase or the last payment.
NOTE 2: If the limitations period has expired, an acknowledgment or payment starts the period running again.
Judgments: 14 years.
New York Debt Collection Statutes of Limitation
N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 – Limitations of Time:
211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.
212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.
213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
213-a. Actions to be commenced within four years; residential rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
UCC, Section 2–725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.
Uniform Commercial Code – Index
North Carolina Debt Collection Statutes of Limitation
Express or implied contract, not under seal: 3 years.
Contract and sale of personal property under seal: 10 years.
Open account: 3 years, NOTE: Each payment renews the SoL on all items purchased within the 3 years prior that payment. If no payment is made, the SoL runs from date of each individual charge. Contracts: From date of breach or default, unless waived or performance under the contract is continued.
Judgments: 10 years
Partial payment BEFORE the SoL expires renews the SoL from date of payment.
Payment AFTER SoL expires renews SoL ONLY if, at time of payment, circumstances infer the debtor recognized obligation to pay. Partial payment on open account restarts SoL on purchases made within 3 years of payment date, if acknowledgment can be inferred, starts the statute anew as to the full obligation acknowledged, even if all of the charges were not made within the last three years.NC Continued…
Partial payment by one debtor does not renew the statute of limitations as against any a co-debtor unless that co-debtor agreed to, authorized or ratified the partial payment.
Partial payments DO NOT affect the ten-year limitation on enforcing or renewing judgments.
Bankruptcy, Death or Disability: Filing of a bankruptcy tolls the statute of limitations for the enforcement of contracts and judgments.
The death, minority, disability or incompetence of a debtor also tolls the limitation period until such time as a personal representative of the estate or a guardian of the incompetent or minor is appointed.
North Dakota Debt Collection Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
All other actions based on a contract, obligation or liability, express or implied: 6 years.
NOTE: A new written acknowledgement or promise or voluntary payment on a debt revives the statute of limitations for the debt.
Judgments: 10 years.
Ohio Debt Collection Statutes of Limitation
Written or oral account: 6 years, (O.R.C. §2305.07).
Written contract: 15 years, (O.R.C. §2305.06).
Oral contract: 6 years (O.R.C. §2305.07).
Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. §1303.16(B)).
Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).
Oklahoma Debt Collection Statutes of Limitation
Written Contract: 5 Years, (O.S. § 95(1)).
Oral Contract: 3 Years, (O.S. § 95(2))
Attachments: 5 Years, (O.S. § 95(5))
Domestic Judgment: 5 Years, (O.S. § 95(5))
Foreign Judgment: 3 Years, (O.S. § 95(2)
Oregon Debt Collection Statutes of Limitation
Unlawful trade practices: 1 year, (ORS 646.638(5).
NOTE: There is no statute of limitations for a cause of action brought as a counterclaim to an action by the seller. (ORS 646.638(6)).
Contract or liability: 6 years, (ORS 12.080)
Judgment: 10 years, (ORS 12.070).
Pennsylvania Debt Collection Statutes of Limitations
Contracts: 4 years, (used to be six).
Contracts under seal: 20 years.
Sale of goods under UCC: 4 years.
Negotiable instruments: 6 years (13 PA C.S.A. .§3118).
Rhode Island Debt Collection Statutes of Limitation
Contracts and open accounts: 10 years (9-1-13(a)).
Breach of a sales agreement under the UCC: 4 years, (6A-2- 725(1 )).
Contracts or liabilities under seal and judgments: 20 years, (9-1-17).
Hospital liens: 1 year from payment, (9-3-6).
Against insurer to enforce repairer’s lien: 1 year from payment to insured, (9-3-11).
Support obligations of common law father: 6 years, (15-8-4).
Mechanic’s lien: notice given is one year and one hundred twenty days, (34-28-10. 10).
South Carolina Debt Collection Statutes of Limitation
Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A partial payment or acknowledgment in writing tolls the SoL, (SCCLA 15-3-30).
Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).
South Dakota Debt Collection Statutes of Limitation
Contract: 6 years, (SDCL 15-2-13).
Domestic Judgments: 20 Years, (SDCL 15-2-6).
Foreign Judgments: 10 Years, (SDCL 15-2-8).
Claims of Fraud: 6 Years, (SDCL 15-2-13).
Sealed Instrument: (except real estate): 20 Years, (SDCL 15-2-6).
Actions not otherwise provided for: 10 Years, (SDCL 15-2-8).
Open Accounts: 6 Years, (SDCL 15-2-13).
Sale of Goods: 4 Years, (SDCL57A-2-725).
Tennessee Debt Collection Statutes of Limitation
Breach of contract: 6 years, (T. C.A. 28-3-109).
Open accounts: 6 Years, (T. C.A. 28-3-109).
Domestic or foreign judgments: 10 years, (T .C.A. 28-3-110).
Texas Debt Collection Statutes of Limitation
The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).
Utah Debt Collection Statutes of Limitation
Any signed, written contract, obligation or liability: 6 years.
Unwritten contract, obligation or liability: 4 years.
Open account for goods, wares, merchandise, and services rendered or for the price of any article charged on a store account: 4 years.
NOTE: A written acknowledgement signed by the debtor revives the SoL.
Judgment or decree of any court or State of the United States: 8 years.
Virginia Debt Collection Statutes of Limitation
Open account: 3 years from the last payment or last charge for goods or services rendered on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.
Virginia Judgments: 10 years, and renewable (extended) to 20 years.
Foreign judgments: 10 years.
Vermont Debt Collection Statutes of Limitation
Contracts and goods on account: 6 years.
Witnessed promissory notes: 14 years
Washington Debt Collection Statutes of Limitation
Written contracts and accounts receivable: 6 years, (RCW 4.16.040).
Oral contract: 3 years (RCW 4.16.080).
Recovery of property and judgments: 10 years, (RCW 4.16.020).
West Virginia Debt Collection Statutes of Limitation
Unwritten and implied contracts: 5 years, (W. Va. Code 55-2-6 (1923)).
NOTE: If a debtor makes an acknowledgment by a new promise, or voluntarily makes a partial payment on a debt, under circumstances that warrant a clear inference that the debtor recognizes the whole debt, the statute of limitations is revived and begins to run from the date of the new promise, (W. Va. Code §55 -2-8 )
Breach of a sale of goods, lease of goods, negotiable instruments and secured transactions under the UCC, is found Article 46 of the West Virginia Code.
Wisconsin Debt Collection Statutes of Limitation
Contracts, professional services, or an open account based on a contract: 6 years.
NOTE: Payments made toward the obligation toll the statute and the time period will then run from the date of last payment or last charge by the debtor, whichever occurs later.
Wyoming Debt Collection Statutes of Limitation
Any contract, agreement or promise in writing: 10 years, (WS 1-3-105(a)(i)).
Unwritten contract, express or implied: 8 years, (WS 1-3-105(a)(ii)).
Recovery of personal property: 4 years, (WS 1-3-1 05 (a) (iv)).
Dishonor of draft (check): 3 years, (WS 34.1-3-118( c)).
Judgment: 21 years.
NOTE 1: Judgments cannot be revived after twenty-one years unless the party entitled to bring the action was a minor or subject to any other legal disability at the time the judgment became dormant, in this case action may be brought within 15 years after disability ceases, (WS 1-16-503).
NOTE 2: If no execution is issued within 5 years from date of judgment or last execution is issued, the judgment becomes dormant and ceases to operate as a lien on the estate of the debtor, (WS 1-17-307).
NOTE 3: A dormant judgment may be revived in the same manner as prescribed for reviving actions before judgment or by action, (WS 1-16-502).
Ontario Debt Collection Statutes of Limitation
Since most debt actions are based in contract: 6 years from the date the cause of action arose (date of last payment or written acknowledgment of the debt).
NOTE: If the contract provides that the law of another jurisdiction governs it, the limitation period of that jurisdiction will apply.
The post-judgment enforcement remedy of filing a writ of seizure and sale provides that the writ is valid for 6 years from the date it is issued, subject to renewal, which is the responsibility of the creditor. A discretionary procedure exists to renew an expired writ.
Actions on foreign judgments, including those from the United States, must be commenced within 20 years from the date of the foreign judgment. The merits of the defenses, if any, which were raised in the foreign debt action, are generally not available as defenses to the action on the judgment.
Virgin Islands Debt Collection Statutes of Limitation
Civil action under a contract or liability, express or implied: 3 years.
Instruments under seal, judgments or decree of any court of the United States or of any state, commonwealth or territory within the United States: 20 Years, (Title 5, Section 31, Virgin Islands Code).