Debt · Legal Reference · 2026 · All 50 States
Statute of Limitations on Debt by State 2026
How long does a creditor have to sue for an unpaid debt in your state? Complete 50-state reference table with interactive lookup — written contracts, oral contracts, promissory notes, and credit cards.
The statute of limitations on debt ranges from 3 years (in states like California, Delaware, and North Carolina for credit cards) to 10 years (Rhode Island, West Virginia written contracts, Kentucky promissory notes). Most states fall in the 4–6 year range. The SOL clock typically starts from the date of last payment or the date of default, whichever is most recent. After the SOL expires, a creditor cannot obtain a court judgment — but the debt itself is not erased.
State SOL Lookup
Note: SOL periods shown are for the most common debt types under state law. Actual periods may vary based on specific contract terms, the date the debt became delinquent, and recent case law. Consult a licensed attorney for advice on your specific situation. Sources: state statutes and NCSL Debt Collection SOL Reference.
Complete 50-State SOL Reference Table
Years shown are the standard limitations period for each debt category. State law is subject to change; verify with a licensed attorney or your state's consumer protection office for current statutes.
| State | Written Contract | Oral/Verbal | Promissory Note | Credit Card / Open-End | Key Statute |
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Important Terms and Concepts
When does the SOL clock start?
The SOL period typically begins on the date of last activity — most commonly the date of the last payment or the date of default (first missed payment). The exact trigger date is determined by state law and can be a significant legal question in contested cases. In most states, making a new payment on an old debt resets the SOL clock — so the debt's "age" restarts from the date of that payment.
Time-barred debt vs. credit reporting
A debt becoming time-barred (SOL expired) is entirely separate from the credit reporting period. Under the Fair Credit Reporting Act (FCRA), most negative information — including charged-off debt — must be removed from your credit report 7 years from the original delinquency date, regardless of the state SOL. A debt can be past its SOL (uncollectable by lawsuit) but still on your credit report, or it can be on your credit report for only a few more months but still within the state's SOL window for lawsuits.
Federal student loans have no SOL
Federal student loan debt is not subject to state statutes of limitations. The federal government has indefinite collection authority, including wage garnishment, tax refund offset, and Social Security benefit garnishment, without needing a court judgment. Private student loans are subject to state SOL, typically as written contracts.
Frequently Asked Questions
What is the statute of limitations on debt?
The statute of limitations on debt is the legal time window during which a creditor can file a lawsuit to obtain a court judgment for an unpaid debt. After the SOL expires, the debt is considered "time-barred" — a collector cannot win a lawsuit to collect it if you raise the SOL as a defense. The SOL varies by state and debt type, ranging from 3 years (e.g., California credit cards) to 10 years (Rhode Island, West Virginia written contracts). The SOL does not erase the debt; it only removes the court judgment remedy.
When does the statute of limitations clock start?
The clock typically starts from the date of last activity — usually the date of the last payment or the date of first default (first missed payment), whichever triggers the SOL under state law. In some states it's the charge-off date; in others it's the last payment date. Making a new payment on an old debt can restart the SOL in many states. If you're unsure about the SOL start date on a specific debt, a consumer law attorney can analyze the account history.
Does the SOL mean the debt goes away?
No — the SOL only limits a creditor's ability to sue and win a judgment. The debt itself remains. Collectors can still contact you (subject to FDCPA rules), the debt may still appear on your credit report for up to 7 years from the original delinquency date, and you still legally owe the money. The SOL simply removes the lawsuit as a collection tool. You can voluntarily pay a time-barred debt, but doing so — or making any partial payment — may restart the SOL clock in many states.
What is re-aging a debt?
Re-aging is the illegal practice of resetting a debt's original delinquency date to make it appear more recent than it is, improperly extending how long it appears on a credit report. The FCRA prohibits re-aging — the 7-year removal clock runs from the original delinquency date and cannot be reset. If you believe a debt has been re-aged on your credit report, dispute it with all three bureaus and file a complaint with the CFPB at consumerfinance.gov.
Sources
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