Statute of Limitations on Debt Collection by State
Do you want to know how long debt collectors have to collect any unpaid debt you have? When can you really stop worrying about your credit score getting a potential dent? Well, the truth is that there is no such thing as a clear and fast answer to this since the statute of limitations on debt collection by state tends to be somewhat complicated.
Statute of Limitations on Debt Collections – What Is It?
The statute of limitations on debt collections is the length of time that a collector or creditor has for taking legal action against you. Creditors can no longer file a valid lawsuit once the statute of limitations expires. It means that they are not allowed to use any legal remedies like liens, garnishments, and judgments to collect anything from you once the statute of limitations is over.
When you speak of the statute of limitations, it pertains to the length of time that a person can take for taking legal action on a particular event. As far as debt is concerned, the statute of limitations pertains to the amount of time that a creditor could take before they request the court to require you to pay your debt. The statute on the debt is not tracked by the court system. Rather, you are the one responsible to attest that your debt has already passed the statue of limitations.
Time-Barred Debts – What are They?
Time-barred debts are debts that are passed the statute of limitations. But, just because your debts are way past the set statute of limitation in your area doesn’t necessarily mean that you don’t owe any money at all or that it will no longer affect your credit rating.
It only means that the creditor will not get a judgment against you provided that you come to court with enough proof of your aged debt. This proof can include the personal check that shows the last payment you made or the personal communication records that you made regarding the debt.
Debt Categories
There are actually four categories of debts ant it is a must that you know the specific type of your debt since the time limit differ for each one of them. When in doubt, don’t hesitate to consult with your lawyer about the kind of debt you have.
- Open-ended accounts
- Promissory notes
- Oral agreements
- Written contracts
Statutes of Limitations by State
All states have their very own specific statutes of limitations on debt collections and these can vary based on the specific type of debt in question. Most of the time, it is about 3 to 6 years although there are states where it can up to 10 to 15 years. Before responding to a debt collection, make sure that you know your state’s statute of limitations.
Once the statute of limitations has already passed, you might get less incentive for paying the debt. You may also be less inclined to pay off your debt once the time limit for credit reporting has also passed.
As of June 2019, the following are the statues of limitations on debt collections by state measured in years:
| State | Oral | Written | Promissory | Open |
| Alabama | 6 | 6 | 6 | 3 |
| Alaska | 3 | 3 | 3 | 3 |
| Arizona | 3 | 6 | 6 | 3 |
| Arkansas | 3 | 5 | 3 | 3 |
| California | 2 | 4 | 4 | 4 |
| Colorado | 6 | 6 | 6 | 6 |
| Connecticut | 3 | 6 | 6 | 3 |
| Delaware | 3 | 3 | 3 | 4 |
| Florida | 4 | 5 | 5 | 4 |
| Georgia | 4 | 6 | 6 | 6 |
| Hawaii | 6 | 6 | 6 | 6 |
| Idaho | 4 | 5 | 5 | 5 |
| Illinois | 5 | 10 | 10 | 5 |
| Indiana | 6 | 6 | 10 | 6 |
| Iowa | 5 | 10 | 5 | 5 |
| Kansas | 3 | 5 | 5 | 3 |
| Kentucky | 5 | 10 | 15 | 5 |
| Louisiana | 10 | 10 | 10 | 3 |
| Maine | 6 | 6 | 6 | 6 |
| Maryland | 3 | 3 | 6 | 3 |
| Massachusetts | 6 | 6 | 6 | 6 |
| Michigan | 6 | 6 | 6 | 6 |
| Minnesota | 6 | 6 | 6 | 6 |
| Mississippi | 3 | 3 | 3 | 3 |
| Missouri | 5 | 10 | 10 | 5 |
| Montana | 5 | 8 | 8 | 5 |
| Nebraska | 4 | 5 | 5 | 4 |
| Nevada | 4 | 6 | 3 | 4 |
| New Hampshire | 3 | 3 | 6 | 3 |
| New Jersey | 6 | 6 | 6 | 6 |
| New Mexico | 4 | 6 | 6 | 4 |
| New York | 6 | 6 | 6 | 6 |
| North Carolina | 3 | 3 | 5 | 3 |
| North Dakota | 6 | 6 | 6 | 6 |
| Ohio | 6 | 8 | 15 | 6 |
| Oklahoma | 3 | 5 | 5 | 3 |
| Oregon | 6 | 6 | 6 | 6 |
| Pennsylvania | 4 | 4 | 4 | 4 |
| Rhode Island | 10 | 10 | 10 | 10 |
| South Carolina | 3 | 3 | 3 | 3 |
| South Dakota | 6 | 6 | 6 | 6 |
| Tennessee | 6 | 6 | 6 | 6 |
| Texas | 4 | 4 | 4 | 4 |
| Utah | 4 | 6 | 6 | 4 |
| Vermont | 6 | 6 | 5 | 3 |
| Virginia | 3 | 5 | 6 | 3 |
| Washington | 3 | 6 | 6 | 3 |
| West Virginia | 5 | 10 | 6 | 5 |
| Wisconsin | 6 | 6 | 10 | 6 |
| Wyoming | 8 | 10 | 10 | 8 |