Time-barred debt defense

Debt Statute of Limitations by State

Check the debt statute of limitations by state, see revival risks, and preserve the defense before a default judgment. Old debt can be a powerful defense, but it usually has to be raised in your response. Start free. One unlock if your case fits: Full Defense Packet - $99 (or $33 x 3 weeks) — everything included.

Quick answer

Old debt may be a defense, but the court usually will not raise it for you.

If you were sued, you still need to respond on time and preserve the limitations issue in the right filing or court-track response.

  • Check now: state, service date, plaintiff, last-payment timeline, and court track.
  • Then: start the supported Full Defense Packet path if the lawsuit deadline is active.

Case fit check

Check case fit before relying on a limitations defense

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32-state Full Defense Packet eligibility

Consumer debt lawsuit defense in 32 states. Start free — Answered checks whether it can build your defense before you pay anything.

One unlock if your case fits: Full Defense Packet - $99 (or $33 x 3 weeks) — everything included. Answered provides self-help legal information and document automation, not legal representation.

Quick answer

Time-barred debt is usually an affirmative defense.

The court usually will not raise the statute of limitations for you. If you were sued, preserve the issue in the correct Answer, notice, hearing response, or court-track filing before a default judgment.

Payment trap

A payment or signed writing can change the timeline.

Revival and tolling rules vary by state. Before paying old debt or promising to pay, compare the account timeline to the official state rule.

State limitation guide rows

Debt statute-of-limitations table

This table summarizes Answered's state data for ordinary consumer-debt and credit-card claims. Read the state page before filing.

StateSOL referenceClock starts fromRevival / payment cautionBorrowing / issuer cautionPrimary sourceCommon plaintiffsNext step
AlabamaAL3 years
Ala. Code §§ 6-2-37 and 6-2-34
Use the last payment, last charge, or the date the account became due and payable as the working timing anchor. Charge-off may appear in records but should not override better account-activity evidence.Important no-revival or limited-revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedAla. Code § 6-2-37 - Alabama LegislatureStart Answer →
ArizonaAZ6 years
A.R.S. § 12-548
First uncured missed payment date (Mertola, LLC v. Santos, 244 Ariz. 488 (2018))Important no-revival or limited-revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterA.R.S. § 12-548 - Arizona LegislatureStart Answer →
CaliforniaCA4 years
CCP § 337
First missed payment due date (date of breach)Important no-revival or limited-revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterCal. Civ. Proc. Code § 337 - California Legislative InformationStart Answer →
ColoradoCO6 years
C.R.S. § 13-80-103.5
Use the most conservative visible date on the papers: last payment, last transaction, charge-off, or date incurred, whichever is latestPayment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedC.R.S. § 13-80-103.5 - Colorado General AssemblyStart Answer →
ConnecticutCT6 years
C.G.S. § 52-576
Usually the last payment date or the breach / charge-off date shown by the account records; pure oral-agreement theories can use the narrower 3-year rule in C.G.S. § 52-581Payment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedConn. Gen. Stat. § 52-576 - Connecticut General AssemblyStart Answer →
FloridaFL5 years
Fla. Stat. § 95.11(2)(b)
Date of last paymentRevival depends on payments, writings, tolling, and claim typeCheck issuer state and contract choice-of-law if another state is involvedFla. Stat. § 95.11(2)(b) - Florida LegislatureStart Answer →
GeorgiaGA6 years
O.C.G.A. § 9-3-24 (with 4-year SOL under § 9-3-25 for open accounts)
Date of last payment or last chargeRevival depends on payments, writings, tolling, and claim typeCheck issuer state and contract choice-of-law if another state is involvedO.C.G.A. § 9-3-24 - Official Code of Georgia AnnotatedStart Answer →
IllinoisIL5 years
735 ILCS 5/13-205
Date of last payment or first missed paymentPayment or written-acknowledgment revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matter735 ILCS 5/13-205 - Illinois General AssemblyStart Answer →
IndianaIN6 years
Ind. Code § 34-11-2-9
Date of last paymentPayment or written-acknowledgment revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterInd. Code § 34-11-2-9 - Indiana General AssemblyStart Answer →
IowaIA5 years
Iowa Code Sections 614.1(4), 614.1(5), and 614.7
Ordinary Iowa credit-card and debt-buyer claims generally use a 5-year limitations period measured from default. Clear non-credit-card written-contract cases, later payments, acknowledgments, bankruptcy, tolling, and choice-of-law facts need review.Payment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedIowa Code Sections 614.1 and 614.7 - Iowa LegislatureStart Answer →
KentuckyKY5 years
KRS § 413.120
Date of last paymentRevival depends on payments, writings, tolling, and claim typeBorrowing-statute or issuer-state issue may matterKRS § 413.120 - Kentucky General AssemblyStart Answer →
LouisianaLA3 years
La. Civ. Code arts. 3494, 3499, and 3464
Usually reviewed from last payment, last charge, default, or demand facts shown in the petition and account recordsPayment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedLa. Civ. Code art. 3494 - Louisiana State LegislatureStart Answer →
MarylandMD3 years
Md. Code, Cts. & Jud. Proc. § 5-101
Date of last payment, charge-off, default, or breach depending on the account type; post-expiration revival is substantially barred for covered consumer debt under CJP § 5-1202Important no-revival or limited-revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedMd. Code, Cts. & Jud. Proc. § 5-101 - Maryland General AssemblyStart Answer →
MassachusettsMA6 years
M.G.L. c. 260, § 2
Usually the last payment date or the charge-off/default date, whichever is later, unless the papers clearly say otherwisePayment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedM.G.L. c. 260, § 2 - Massachusetts LegislatureStart Answer →
MichiganMI6 years
MCL § 600.5807(9)
Date of last paymentRevival depends on payments, writings, tolling, and claim typeBorrowing-statute or issuer-state issue may matterMCL § 600.5807 - Michigan LegislatureStart Answer →
MinnesotaMN6 years
Minn. Stat. § 541.053
Date of last paymentImportant no-revival or limited-revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedMinn. Stat. § 541.05 - Minnesota Revisor of StatutesStart Answer →
MissouriMO5 years
Mo. Rev. Stat. § 516.120
Date of last payment or last charge, whichever is laterImportant no-revival or limited-revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterMo. Rev. Stat. § 516.120 - Missouri Revisor of StatutesStart Answer →
NevadaNV4 years
NRS 11.190(2)(a)-(c) for open account/account stated/unwritten theories; NRS 11.190(1)(b) for written instruments
Use the last payment, last transaction, last charge, or other user-confirmed last activity date as an issue-spotting input. NRS 11.200 generally prevents post-expiration revival, but unusual facts require review.Important no-revival or limited-revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterNRS 11.190 - Nevada LegislatureStart Answer →
New JerseyNJ6 years
N.J.S.A. 2A:14-1
Date of breach (first missed payment due date)Payment or written-acknowledgment revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterN.J.S.A. 2A:14-1 - New Jersey LegislatureStart Answer →
New YorkNY3 years
CPLR § 214-i
Date of last payment or charge-off date, whichever is laterRevival depends on payments, writings, tolling, and claim typeCheck issuer state and contract choice-of-law if another state is involvedCPLR § 214-i - New York State Senate Open LegislationStart Answer →
North CarolinaNC3 years
N.C. Gen. Stat. § 1-52(1)
First uncured missed payment / breach (NOT charge-off)Payment or written-acknowledgment revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterN.C. Gen. Stat. § 1-52 - North Carolina General AssemblyStart Answer →
OhioOH6 years
Ohio Rev. Code § 2305.07
Date of last paymentPayment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedOhio Rev. Code § 2305.07 - Ohio LawsStart Answer →
OklahomaOK5 years
12 O.S. Sections 95, 101, and 105
Use the earliest plausible last-payment or default date supported by the papers; conflicting dates, later payments, written acknowledgments, bankruptcy/reaffirmation, and choice-of-law facts need reviewImportant no-revival or limited-revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matter12 O.S. Sections 95, 101, and 105 - Oklahoma Statutes, Title 12Start Answer →
OregonOR6 years
ORS 12.080
Often last payment or last account activity as a conservative working input; exact accrual can depend on theory, breach, charge-off, maturity, and contract terms.Payment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedORS 12.080 - Oregon LegislatureStart Answer →
PennsylvaniaPA4 years
42 Pa. C.S. § 5525
Date of last paymentPayment or written-acknowledgment revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matter42 Pa.C.S. § 5525 - Pennsylvania General AssemblyStart Answer →
South CarolinaSC3 years
S.C. Code Ann. § 15-3-530(1)
Date of breach / default or, in open-account credit-card practice, last payment or last account activityPayment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedS.C. Code Ann. § 15-3-530 - South Carolina LegislatureStart Answer →
TennesseeTN6 years
Tenn. Code Ann. Section 28-3-109
Often last payment or last account activity as a conservative working input; exact accrual can depend on theory, breach, acceleration, charge-off, maturity, and contract terms.Payment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedSworn Denial on Account - Tennessee Administrative Office of the CourtsStart Answer →
TexasTX4 years
Tex. Civ. Prac. & Rem. Code § 16.004
Date of last payment or last chargeImportant no-revival or limited-revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedTex. Civ. Prac. & Rem. Code § 16.004 - Texas Constitution and StatutesStart Answer →
UtahUT6 years
Utah Code Sections 78B-2-307 and 78B-2-309
Open-account cases often look to last charge or last payment; written credit-agreement cases can use a later debt/payment/acknowledgment triggerRevival depends on payments, writings, tolling, and claim typeBorrowing-statute or issuer-state issue may matterUtah Code Section 78B-2-103 - Utah LegislatureStart Answer →
VirginiaVA3 years
Va. Code § 8.01-246(4)
Date of last payment or last charge (Va. Code § 8.01-249); cause of action accrues at first uncured breach (§ 8.01-230)Revival depends on payments, writings, tolling, and claim typeBorrowing-statute or issuer-state issue may matterVa. Code § 8.01-246 - Virginia LawStart Answer →
WashingtonWA6 years
RCW 4.16.040 and RCW 4.16.080
Use the last payment, last charge, or breach/default date as the working timing anchor; verify against the account history.Payment or written-acknowledgment revival issue flagged in the state guideCheck issuer state and contract choice-of-law if another state is involvedRCW § 4.16.040 - Washington State LegislatureStart Answer →
WisconsinWI6 years
Wis. Stat. § 893.43
Date of last payment or last charge on the accountPayment or written-acknowledgment revival issue flagged in the state guideBorrowing-statute or issuer-state issue may matterWis. Stat. § 893.43 - Wisconsin LegislatureStart Answer →

SOL reference

3 years, Ala. Code §§ 6-2-37 and 6-2-34

Clock starts from

Use the last payment, last charge, or the date the account became due and payable as the working timing anchor. Charge-off may appear in records but should not override better account-activity evidence.

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, A.R.S. § 12-548

Clock starts from

First uncured missed payment date (Mertola, LLC v. Santos, 244 Ariz. 488 (2018))

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, C.R.S. § 13-80-103.5

Clock starts from

Use the most conservative visible date on the papers: last payment, last transaction, charge-off, or date incurred, whichever is latest

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, C.G.S. § 52-576

Clock starts from

Usually the last payment date or the breach / charge-off date shown by the account records; pure oral-agreement theories can use the narrower 3-year rule in C.G.S. § 52-581

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

5 years, Fla. Stat. § 95.11(2)(b)

Clock starts from

Date of last payment

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, O.C.G.A. § 9-3-24 (with 4-year SOL under § 9-3-25 for open accounts)

Clock starts from

Date of last payment or last charge

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

5 years, 735 ILCS 5/13-205

Clock starts from

Date of last payment or first missed payment

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, Ind. Code § 34-11-2-9

Clock starts from

Date of last payment

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

5 years, Iowa Code Sections 614.1(4), 614.1(5), and 614.7

Clock starts from

Ordinary Iowa credit-card and debt-buyer claims generally use a 5-year limitations period measured from default. Clear non-credit-card written-contract cases, later payments, acknowledgments, bankruptcy, tolling, and choice-of-law facts need review.

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

5 years, KRS § 413.120

Clock starts from

Date of last payment

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

3 years, La. Civ. Code arts. 3494, 3499, and 3464

Clock starts from

Usually reviewed from last payment, last charge, default, or demand facts shown in the petition and account records

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

3 years, Md. Code, Cts. & Jud. Proc. § 5-101

Clock starts from

Date of last payment, charge-off, default, or breach depending on the account type; post-expiration revival is substantially barred for covered consumer debt under CJP § 5-1202

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, M.G.L. c. 260, § 2

Clock starts from

Usually the last payment date or the charge-off/default date, whichever is later, unless the papers clearly say otherwise

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, MCL § 600.5807(9)

Clock starts from

Date of last payment

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, Minn. Stat. § 541.053

Clock starts from

Date of last payment

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

5 years, Mo. Rev. Stat. § 516.120

Clock starts from

Date of last payment or last charge, whichever is later

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

4 years, NRS 11.190(2)(a)-(c) for open account/account stated/unwritten theories; NRS 11.190(1)(b) for written instruments

Clock starts from

Use the last payment, last transaction, last charge, or other user-confirmed last activity date as an issue-spotting input. NRS 11.200 generally prevents post-expiration revival, but unusual facts require review.

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, N.J.S.A. 2A:14-1

Clock starts from

Date of breach (first missed payment due date)

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

3 years, CPLR § 214-i

Clock starts from

Date of last payment or charge-off date, whichever is later

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, Ohio Rev. Code § 2305.07

Clock starts from

Date of last payment

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

5 years, 12 O.S. Sections 95, 101, and 105

Clock starts from

Use the earliest plausible last-payment or default date supported by the papers; conflicting dates, later payments, written acknowledgments, bankruptcy/reaffirmation, and choice-of-law facts need review

Payment caution

Important no-revival or limited-revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, ORS 12.080

Clock starts from

Often last payment or last account activity as a conservative working input; exact accrual can depend on theory, breach, charge-off, maturity, and contract terms.

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

3 years, S.C. Code Ann. § 15-3-530(1)

Clock starts from

Date of breach / default or, in open-account credit-card practice, last payment or last account activity

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, Tenn. Code Ann. Section 28-3-109

Clock starts from

Often last payment or last account activity as a conservative working input; exact accrual can depend on theory, breach, acceleration, charge-off, maturity, and contract terms.

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, Utah Code Sections 78B-2-307 and 78B-2-309

Clock starts from

Open-account cases often look to last charge or last payment; written credit-agreement cases can use a later debt/payment/acknowledgment trigger

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

3 years, Va. Code § 8.01-246(4)

Clock starts from

Date of last payment or last charge (Va. Code § 8.01-249); cause of action accrues at first uncured breach (§ 8.01-230)

Payment caution

Revival depends on payments, writings, tolling, and claim type

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, RCW 4.16.040 and RCW 4.16.080

Clock starts from

Use the last payment, last charge, or breach/default date as the working timing anchor; verify against the account history.

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Check issuer state and contract choice-of-law if another state is involved

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

SOL reference

6 years, Wis. Stat. § 893.43

Clock starts from

Date of last payment or last charge on the account

Payment caution

Payment or written-acknowledgment revival issue flagged in the state guide

Issuer caution

Borrowing-statute or issuer-state issue may matter

Check my datesState guide

Free to review before paying. Raise time-barred-debt issues in the correct court response.

How to use this

Preserve the defense before a default judgment

FAQ

Common SOL questions

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