Debt Collection Statute of Limitations, State by State
Statute of Limitations Defined
The debt collection statute of limitations refers to the time period window that a creditor or debt collector can legally sue you to collect. This period can range from 3 to 10 years, and varies from state to state. After this time period lapses, a creditor or collector can no longer use a court to force you to pay for a debt. The time period starts on the account's last date of activity. Activity means taking any action with respect to an account, such as making a payment, making a promise of payment or entering into a payment arrangement. Any activity resets the clock to zero, no matter how much time had passed before the activity.
Time Limitations on Debt Collection Statute of Limitations
Bankruptcies can be reported up to 10 years, and tax liens up to 15 years.Some debts don't have a statute of limitations, such as child support in some states, income taxes and federal student loans. It's also important to point out that even if the statute of limitations expires, it only stops a collector from winning a judgment against you, if you can prove that the statute has truly expired.
What the Statute of Limitations Does Not Do
- Prevent the debt from showing up on your credit report. This is determined by the credit bureau's time limit allowed.
- Keep a creditor or collector from filing suit against you. They probably can't win, but they can file suit.
- It doesn't erase the debt. You still owe the debt, if its legitimately yours.
Difference Between Statute of Limitations and Credit Reporting
Not to be confused with the time limit for credit reporting, which is the time period that credit bureaus can report delinquent debts on your credit report. Most types of accounts can be reported 7 years from the delinquency date.
Types of Agreements Covered by A Debt Collection Statute of Limitations
- Open-ended Account- Revolving lines of credit with varying credit limits and balances. Credit cards and equity credit lines belong in this group.
- Promissory Note- A written contract spelling out repayment terms, such as interest rate, number of years to repay, late payment penalties, etc. Mortages fall into this group.
- Oral Contract- An oral agreement to repay, but not written on paper. This is still considered a legally binding agreement, albeit more difficult to prove.
- Written Contract- You've signed a written agreement to repay, along with the creditor's signature. A car loan is a good example of this type of contract.
Debt Collection Statute of Limitations and State Collection Agency Links
All numbers are years:
Visit the national collection agencies page for more debt collection information listed by state. Simply click on the state link in the middle of the page that you need more information.

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