Statute of Limitations on Debt by State

Debt doesn't last forever — legally speaking

Every state has a statute of limitations (SOL) on debt. Once it expires, a collector can still ask you to pay, but they can no longer sue you to collect. This is an enormous piece of leverage that most people in debt don't know they have.

Typical statutes of limitations

SOLs vary by state and debt type. Here are the general ranges:

• Credit card debt (open-ended accounts): 3–10 years depending on state
• Medical debt: 3–10 years
• Auto loans (written contracts): 3–6 years
• Mortgages (promissory notes): 3–6 years
• Student loans (federal): No statute of limitations — the government can collect forever

What happens when SOL expires

• The debt becomes "time-barred"
• Collectors cannot successfully sue you (you have an affirmative defense)
• The debt may still appear on your credit report (7 years from first delinquency regardless of SOL)
• Collectors can still contact you to ask for payment — unless you've sent a cease & desist

How to find your state's SOL

The CFPB maintains resources, and your state's Attorney General website typically publishes this information. When researching, you need to know:

1. What state the debt was originated in (not necessarily where you live now)
2. What type of debt it is (credit card, medical, written contract, etc.)
3. When the last payment was made (the clock starts from the last activity)

If you're sued on a time-barred debt

Some collectors file lawsuits anyway, hoping you won't show up. If you don't respond, they win by default judgment — even if the debt is time-barred. You MUST respond to the lawsuit and raise the expired SOL as an affirmative defense. Consider contacting Legal Aid for free help.