Debt

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

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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. The clock typically begins on the date of last payment or last account activity. Critically: making even a small payment on a time-barred debt can restart the SOL clock in most states. The SOL applies only to lawsuits — time-barred debt can still appear on your credit report for 7 years from first delinquency under the Fair Credit Reporting Act.
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. The consumer attorney warned: "Don't make any payment on that old account — even $1 could restart Florida's 5-year statute of limitations and expose you to a new lawsuit."
  3. 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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