The statute of limitations on debt is the period during which a creditor can legally sue to collect an unpaid debt. Once the statute expires, the debt is called time-barred — it still exists and may still affect credit, but courts will dismiss any collection lawsuit filed after the deadline.

Every US state sets its own statute of limitations, and the length depends on the type of debt — credit card, written contract, oral agreement, or promissory note. Limitations range from three years in states like Delaware, Maryland, North Carolina, and Washington, D.C., to ten years in Illinois, Indiana, Kentucky, and Rhode Island.

This guide covers the 2026 statute of limitations for all 50 states and the District of Columbia, with the exact statutory citation for each, the small claims court limit, and specific notes on how the statute works in practice.

What is a statute of limitations?

A statute of limitations is a state law that sets a maximum time period during which legal action can be brought to enforce a right or collect on a claim. For debt collection, it determines how long a creditor has to file a lawsuit to recover money owed.

The statute doesn't erase the debt. Even after it expires, the creditor can still:

• Report the debt on credit reports (subject to the separate 7-year Fair Credit Reporting Act limit)
• Ask for payment voluntarily
• Sell or assign the debt to another party
• Accept any voluntary payment the debtor chooses to make

What the creditor cannot do is successfully sue and obtain a judgment. If a lawsuit is filed after the statute has run, the debtor can raise the statute as an affirmative defense and the case will be dismissed.

When does the clock start?

For most consumer debts, the limitations period begins on the date of last activity on the account. This is usually:

• The date of the last payment
• The date the account was charged off (typically 180 days after the last payment on a credit card)
• The date of default on a loan or installment agreement
• For an invoice, the date payment was due under the contract

States differ on which of these triggers the clock, but the general rule is: whichever date is most recent. For a Net 30 invoice that was never paid, the clock typically starts 31 days after the invoice date.

The acknowledgment rule — the most-missed detail

The acknowledgment rule varies by state in mechanics but applies broadly. Some states require the acknowledgment to be in writing (California, New York, Texas); others accept oral acknowledgment. A few states — notably Wisconsin — do not allow the statute to be revived at all once it has run.

Choice of law — which state applies?

When a debtor lives in one state but the contract was signed in another, choice-of-law rules determine which state's statute applies. The general pattern:

• Contract specifies a state. Credit card agreements almost always name the state whose law governs (often Delaware, South Dakota, or Utah). Courts typically enforce these clauses.
• No contract specification. The court usually applies the law of the state where the debtor currently resides or where the debt was incurred.
• Borrowing statutes. Many states have "borrowing statutes" that apply the shorter of two potentially applicable statutes of limitations, which can benefit debtors who have moved.

For businesses managing receivables across state lines, this means the SOL on a past-due invoice depends on both your state and your customer's state. When in doubt, assume the shorter period applies.

Federal debts are different

Federal debts — including federal student loans, federal income tax owed to the IRS, and federal court judgments — are governed by federal statutes, not state law. Federal student loans generally have no statute of limitations on collection. IRS back taxes typically have a 10-year collection statute under 26 U.S.C. § 6502.

Years represent the statute of limitations from the date of last payment or default. Click any state to jump to its full breakdown below.

Based on the written-contract statute — the most common category for business-to-business invoices:

Credit card debt is classified as an open-ended account in most states, which often carries a shorter statute of limitations than written contracts. In roughly half of US states, credit card debt has a 3 to 4 year statute — substantially shorter than the 6 or 10 years that apply to some other debt types.

The shortest credit card debt SOLs in the country are the 3-year statutes in Alaska, Delaware, D.C., Maryland, Mississippi, New Hampshire, New York (since the 2022 Consumer Credit Fairness Act), North Carolina, South Carolina, and Washington. The longest is Rhode Island at 10 years, with Wyoming close behind at 8.

New York is an important recent change. The New York Consumer Credit Fairness Act of 2022 reduced the statute of limitations on consumer credit debt from 6 years to 3 years, making New York one of the most debtor-protective states. The change applies to credit cards, medical debt, and most consumer loans originated after April 7, 2022.

Choice-of-law matters for credit card debt. Credit card agreements almost always contain a choice-of-law clause naming Delaware, South Dakota, Utah, or Virginia — states favorable to card issuers. Courts generally enforce these clauses, but several states (including New York, California, and Massachusetts) have stepped in to apply their own statutes when the debtor lives in-state. If a creditor sues in the debtor's home state court, the local SOL usually applies regardless of what the cardholder agreement says.

For an exact expiration date on a specific credit card debt, use the calculator and select "Credit Card / Open-Ended Account" as the debt type.

Each section lists the SOL for all four major debt types, the statutory citation, the approximate small claims court limit, and specific notes on how the law operates in that state. Links jump to the detailed state breakdown shown below this section.

Jump to a state:

Beyond the statute of limitations, the amount of the debt determines which court a creditor can use. Small claims courts are designed for self-represented litigants and offer a faster, cheaper path — but only for debts under the state's small claims cap.

Small claims limits vary widely across the US:

• Lowest caps: Kentucky ($2,500), Arizona ($3,500), Mississippi ($3,500), Nebraska ($3,900), Kansas ($4,000)
• Most common range: $5,000 to $10,000 — covers the majority of states
• Highest caps: Tennessee ($25,000), Delaware ($25,000), Texas ($20,000), Minnesota ($15,000), North Dakota ($15,000), Utah ($15,000)

For debts above the small claims cap, creditors must file in a higher civil court — typically district, superior, or circuit court depending on state terminology. These courts require formal pleadings, often an attorney, and involve significantly higher filing fees and longer timelines.

Two related considerations on the amount of debt:

• Maximum interest rates. Each state caps the maximum legal interest a creditor can charge, which is governed by state usury laws. See the Usury Laws by State guide for specifics.
• Late payment fees. Many states regulate the maximum late fee and finance charge a creditor can apply to a business invoice. See the Late Fee Laws by State guide for the detailed state-by-state breakdown.

These Paidnice resources pair well with the statute of limitations guide: