Debt

Statute of Limitations on Debt The legal deadline after which a creditor can no longer sue to collect — but the debt still exists

Tony Hernandez reviews this page for factual accuracy as an independent editorial reviewer. Tony Hernandez is President of New Era Debt Solutions, a debt-settlement company, and receives no compensation and no consumer inquiries or referrals from Dreamy Leads Research; inquiries submitted on this site are not sent to Tony Hernandez or New Era Debt Solutions. Pages that name New Era Debt Solutions, and company-versus-company comparison pages, are not reviewed by Tony Hernandez. His certification is shown as published by the International Association of Professional Debt Arbitrators and can be verified there.

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The statute of limitations (SOL) on debt is the period during which a creditor can file a lawsuit to collect an unpaid balance. Once the SOL expires, the debt is legally "time-barred" — creditors cannot win a court judgment if you raise the SOL as a defense. SOL periods vary significantly by state: 3 years in North Carolina, 4 years in Texas and California, 5 years in Florida, 6 years in Arizona and Georgia. Depending on the state, the clock starts when a required payment is missed or from your most recent payment (CFPB). Critically: in some states a signed written acknowledgment, or a payment, can restart the clock, and the rules differ by state and by who holds the debt. The SOL applies only to lawsuits — time-barred debt can still appear on your credit report for 7 years, counted from 180 days after the delinquency began, under the Fair Credit Reporting Act (15 U.S.C. § 1681c).
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SOL time-barred debt limitation period debt collection statute
  1. A debt collector called about a credit card balance last paid six years ago in Florida — past the 5-year SOL, making the debt time-barred and the lawsuit threat legally hollow.
  2. Knowing the North Carolina 3-year SOL had long passed, the consumer wrote a cease-and-desist letter, citing NC Gen Stat §1-52, and the collection calls stopped.

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