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Statutes of Limitations by State

For debt law related actions

Debt Collectors often bring their claims under various different theories - often in the same case. Each legal theory has a time limit for bringing it - they can't wait forever. This table shows you some of the most important statutes of limitations for claims related to debt law. Numbers are in years.

These laws change from time to time, so you must research your own state's laws carefully and cannot rely on the information in this chart - or even, without checking, the information in the sources cited by this chart. If the statute of limitations has passed, and nothing has "tolled" it (i.e., stopped it from running, such as moving out of state, for example), you will be free of legal danger from the suit. Creditors can still report the debt for the statutorily permitted time for that, however. 

State

Oral

Written

Promissory

Open- Accounts

State Statute: Open Accounts

AL

6

6

6

3

§6-2-37

AR

3

5

5

3

§16-56-105

AK

6

6

3

3

§09.10.053

AZ

3

6

6

3

§12-543

CA

2

4

4

4

§337

CO

6

6

6

3

§13-80-101

CT

3

6

6

3

Chapter 926 Sec. 52-576

DE

3

3

3

4

§2-725

DC

3

3

3

3

§12-301

FL

4

5

5

4

§95.11

GA

4

6

6

6 **

§9-3-25

HI

6

6

6

6

HRS 657-1(4)

IA

5

10

5

5

§614.5

ID

4

5

5

4

§5-222

IL

5

10

10

5

735 ILCS 5/13-205

IN

6

10

10

6

§34-11-2

KS

3

6

5

3

§84-3-118

KY

5

15

15

5

§413.120

LA

10

10

10

3

§3-118

ME

6

6

6

6

§14-205-752

MD

3

3

6

3

§5-101

MA

6

6

6

6

c.260, §2

MI

6

6

6

6

§600.5807

MN

6

6

6

6

§541.05

MO

5

10

10

5

§516.120

MS

3

3

3

3

§15-1-29

MT

5

8

8

8

27-2-202

NC

3

3

5

3

§1-52(1)

ND

6

6

6

6

28-01-16

NE

4

5

5

4

§25-206

NH

3

3

6

3

382-A:3-118

NJ

6

6

6

6

2A:14-1

NM

4

6

6

4

§37-1-4

NV

4

6

3

4

NRS 11.190

NY

6

6

6

6

§2-213

OH

6

15

15

6

§2305.07

OK

3

5

5

3

table

OR

6

6

6

6

§12.080

PA

4

4

4

4

§5525

RI

10

5

6

4

§6A-2-725

SC

3

3

3

3

SEC 15-3-530

SD

6

6

6

6

§15-2-13

TN

6

6

6

6

28-3-109

TX

4

4

4

4

§16.004

UT

4

6

6

4

78B-2-307

VA

3

5

6

3

8.01-246

VT

6

6

5

3

§3-118

WA

3

6

6

3

RCW 4.16.080

WI

6

6

10

6

893.43

WV

5

10

6

5

§55-2-6

WY

8

10

10

8

§1-3-105

The Functions of Statutes of Limitations

 

Statutes of limitations are somewhat odd creatures in the debt law defense. They are affirmative defenses that must be asserted by a defendant, and they can be waived, or let go, so you must plead as a defense that the statute of limitations has passed. Or you can move to dismiss the case based on the statute. It is also, and separately, a cause of action under the FDCPA, so if the statute has passed, you could file a motion to dismiss, include it as a defense to the action, and also - in order to assert the FDCPA claim you must - include it as a counterclaim.

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