The statute of limitations has been
designed to stop legal action against debts
that are too old according to the US Federal
Government. The statutes are different for different
types of contracts and where you live. We have
organized the types of contracts as well as
the individual statutes for each state below.
Oral Contract: You agree to
pay money loaned to you by someone or some company.
This contract or agreement is verbal (i.e.,
no written contract, "handshake agreement"
or "verbal agreement"). Verbal contracts are
legal but tougher to prove in court.
Written Contract: You agree
to pay on a loan under the terms written in
a document, which you and your creditor have
signed.
Promissory Note: You agree
to pay on a loan via a written contract, just
like the written contract. The difference between
a promissory note and a regular written contract
is that the scheduled payments and interest
on the loan also is spelled out in the promissory
note. A mortgage is an example of a promissory
note.
Open-ended Accounts: Open-ended
accounts are usually credit cards, department
store, and gas cards. They are revolving lines
of credit, which means that you use credit and
pay a monthly payment that usually ranges from
2% to 5% of the balance.
Have you been contacted by a "Junk Debt Buyer" attempting to collect on a debt that you believe is past the statute of limitations? Dealing with a Junk Debt buyer can be difficult and intimidating. We are not attorney's and we can't give you legal advice however; we have extensive experience stopping these bottom feeders in their tracks. We can help protect your rights, stop harassment and document everything with our Custom Letter Service. This way, if the debt ever comes back to haunt you, you will have solid documentation that may very well put an end to it.
Also, have you checked to find out if the Junk Debt Buyer is reporting to the Credit Bureaus? Your credit report is the first thing you should look at when contacted by a debt collector.
Note: This chart is only for the amount of time you legally owe the debt, not for the amount of time it can be reported. We can help you remove questionable negative items and junk debt from Equifax, Trans-Union and Experian with our Credit Improvement Service.
Statute of Limitations
(Listed by State)
State
|
Oral
|
Written
|
Promissory
|
Open-ended Accounts
|
AL
|
6
|
6
|
6
|
3
|
AR
|
5
|
5
|
5
|
3
|
AK
|
6
|
6
|
3
|
3
|
AZ
|
3
|
6
|
6
|
3
|
CA
|
2
|
4
|
4
|
4
|
CO
|
6
|
6
|
6
|
3
|
CT
|
3
|
6
|
6
|
6
|
DE
|
3
|
3
|
3
|
4
|
DC
|
3
|
3
|
3
|
3
|
FL
|
4
|
5
|
5
|
4
|
GA
|
4
|
6
|
6
|
4
|
HI
|
6
|
6
|
6
|
6
|
IA
|
5
|
10
|
5
|
5
|
ID
|
4
|
5
|
5
|
4
|
IL
|
5
|
10
|
10
|
5
|
IN
|
6
|
10
|
10
|
6
|
KS
|
3
|
5
|
5
|
3
|
KY
|
5
|
15
|
15
|
5
|
LA
|
10
|
10
|
10
|
3
|
ME
|
6
|
6
|
6
|
6
|
MD
|
3
|
3
|
6
|
3
|
MA
|
6
|
6
|
6
|
6
|
MI
|
6
|
6
|
6
|
6
|
MN
|
6
|
6
|
6
|
6
|
MS
|
3
|
3
|
3
|
3
|
MO
|
5
|
10
|
10
|
5
|
MT
|
3
|
8
|
8
|
5
|
NC
|
3
|
3
|
5
|
4
|
ND
|
6
|
6
|
6
|
6
|
NE
|
4
|
5
|
5
|
4
|
NH
|
3
|
3
|
6
|
3
|
NJ
|
6
|
6
|
6
|
6
|
NM
|
4
|
6
|
6
|
4
|
NV
|
4
|
6
|
3
|
4
|
NY
|
6
|
6
|
6
|
6
|
OH
|
6
|
15
|
15
|
6
|
OK
|
3
|
5
|
5
|
3
|
OR
|
6
|
6
|
6
|
6
|
PA
|
4
|
6
|
4
|
6
|
RI
|
10
|
10
|
6
|
4
|
SC
|
3
|
3
|
3
|
3
|
SD
|
6
|
6
|
6
|
6
|
TN
|
6
|
4
|
6
|
6
|
TX
|
4
|
4
|
4
|
4
|
UT
|
4
|
6
|
6
|
4
|
VA
|
3
|
6
|
6
|
3
|
VT
|
6
|
6
|
5
|
4
|
WA
|
3
|
6
|
6
|
3
|
WI
|
6
|
6
|
10
|
6
|
WV
|
5
|
15
|
6
|
4
|
WY
|
8
|
10
|
10
|
8
|
|
Statute
of Limitations Details Listed
Alphabetically by State
Alabama Statutes of Limitations
Contracts under seal: 10 years, (A.C. 6-2-33)
Contracts not under seal; actions on account
stated and for detention of personal property
or conversion: 6 years (A.C. 6-2-34)
Sale of goods under the UCC: 4 years (A.C.
7 -2- 725)
Open accounts: 3 years (A.C. 6-2-37)
Actions to recover charges by a common carrier
and negligence actions; 2 years, (A.C. 6-2-38)
Actions based on fraud: 2 years (A.C. 6-2-3)
Alaska Statutes of Limitations
Action on a sealed instrument: 10 years (A.S.
09.10.40)
Action to recover real property: 10 years (A.S.
09.10.30)
Action upon written contract: 3 years (A.S.
09.10.55) Note: prior to 8/7/97 -the statute
of limitations for written contracts was six
years.
Action upon contract for sale: 4 years (A.S.
45.02.725) However, limitations by agreements
may be reduced, but not less than one year (A.S.
45.02.725).
Arizona Statutes of Limitation
Written contracts: 6 years, runs from date creditor
could have sued account.
Oral debts, stated or opens accounts: 3 years.
Actions for fraud or mistake: 3 years from
the date of the discovery of the fraud or mistake.
Actions involving fiduciary bonds, out of state
instruments and foreign judgments: 4 years.
NOTE: Arizona applies its own statute of limitations
to foreign judgments rather than that of the
state that originally rendered the judgment
whether the judgment is being domesticated under
the Uniform Enforcement of Foreign Judgments
Act or pursuant to a separate action on the
foreign judgment.
An Arizona judgment must be renewed within
five years of the date of the judgment.
Arkansas Statutes of Limitations
Written contracts: 5 years, NOTE: Partial payment
or written acknowledgement of default stoppeds
this statute of limitations. (A.C.A. 16-56-111)
Contracts not in writing: 3 years, (A.C.A.
16- 56-105)
Breach of any contract for the sale of goods
covered by the UCC: 4 years, (A.C.A. 4-2- 725)
Medical debts: 2 years from date services were
performed or provided or from the date of the
most recent partial payment for the services,
whichever is later. (A.C.A. §16-56-106)
Negligence actions: 3 years after the cause
of action. (A.C.A. § 16-56-105)
California Statutes of Limitation
Written agreements: 4 years, calculated from
the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if
the debtor makes a payment on the account after
the expiration of the applicable limitations
period.
Colorado Statutes of Limitation
Domestic and foreign judgments: 6 years and
renewable each six years. Note: If for child
support, maintenance or arrears the judgment
(lien) stays in effect for the life the judgment
without the necessity of renewal every six years.
All contract actions, including personal contracts
and actions under the UCC: 3 years (C.R.S. 13-80-101),
except as otherwise provided in 13-80-103.5;
All claims under the Uniform Consumer Credit
Code, except sections 5-5-201(5); All actions
to recover, detain or convert goods or chattels,
except as otherwise provided in section 13 -80-103.5.
Liquidated debt and unliquidated determinable
amount of money due; Enforcement of instrument
securing the payment of or evidencing any debt;
Action to recover the possession of secured
personal property; Arrears of rent: 6 years,
(C.R.S. 13-80-103.5)
Connecticut Statutes of Limitation
Written contact, or on a simple or implied contract:
6 years, (CGS 52-576)
Oral contract, including any agreement wherein
the party being charged has not signed a note
or memorandum: 3 years, (CGS § 52- 581)
Delaware Statutes of Limitation
General contracts: 3 years;
Sales under the UCC: 4 years
Notes 6 years;
Miscellaneous documents under seal: No limitation.
District of Columbia Statutes
of Limitation
Contract, open account or credit card account:
3 years from the date of last payment or last
charge. NOTE: An oral promise to pay re-starts
the three years.
Contracts under seal: 12 years.
UCC Sales of Goods: 4 years.
Florida Statutes of Limitation
Contract or written instrument and for mortgage
foreclosure: 5 years. F.S. 95.11.
Libel, slander, or unpaid wages: 2 years.
Judgments: 20 years total and to be a lien
on any real property, it has to be re-recorded
for a second time at 10 years.
The limitations period begins from the date
the last element of the cause of action occurred,
(95.051). NOTE: The limitation period is tolled
(stopped) for any period during which the debtor
is absent from the state and each time a voluntary
payment is made on a debt arising from a written
instrument.
Almost all other actions fall under the 4-year
catch-all limitations period, (F.S. 95.11(3)(p)).
Georgia Statutes of Limitation
Breach of any contract for sale: 4 years, (OCGA
11-2- 725) NOTE: Parties may reduce limitation
to not less than one year, but not extend it.
A cause of action accrues when the breach occurs,
regardless of the aggrieved party's lack of
knowledge of the breach.
Contract, including breach of warranty or indemnity:
4 years, (OCGA 11- 22A-506) NOTE: The parties
may reduce the period to one year.
Written contract: 6 years from when it becomes
due and payable and the six (6) year period
runs from the date of last payment. (OCGA 9-3-24)
Open account; implied promise or undertaking:
4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied
by a writing acknowledging the debt, does not
stopped the statute. Therefore, the statutory
period runs from the date of default, not the
date of last payment.
Bonds or other instruments under seal, 20 years,
(OCGA 9-3-23) NOTE: No instrument is considered
under seal unless it's stated in the body of
the instrument.
Hawaii Statutes of Limitation
Breach of contract for sale under the UCC: 4
years.
Contract, obligation or liability: 6 years.
Judgments: 10 years, renewable if an extension
is sought during the 10 years.
NOTE: The time limitation stopped during the
time of a person's absence from the state or
during the time that an action is stayed by
injunction of any court.
Idaho Statutes of Limitation
Breach of contract for sale under the UCC: 4
years.
Written contract or liability: 5 years.
Contract or liability that is not written:
4 years. NOTE: The time period begins as of
the date of the last item, typically a payment
or a charge under a credit card agreement. A
written acknowledgement or new promise signed
by the debtor is sufficient evidence to cause
the relevant statute of limitations to begin
running anew. Any payment of principal or interest
is equivalent to a new promise in writing to
pay the residue of the debt.
Judgments: 5 years but may be renewed for another
five-year period. NOTE: An independent action
on a judgment of any court of the United States
must be brought within 6 years.
The time limitation for the commencement of
any action is tolled during the time of a person's
absence from the state or during the time that
an action is stayed by injunction or by statutory
prohibition action.
Illinois Statutes of Limitation
Breach of contract for sale under the UCC: 4
years.
Open account or unwritten contract: 5 years.
NOTE: Except, as provided in 810 ILCS 5/2- 725
(UCC), actions based on a written contract must
be filed within 10 years, but if a payment or
new written promise to pay is in made during
the 10 year period, then the action may be commenced
within 10 years after the date of the payment
or promise to pay.
Domestic judgments: 20 years, but can be renewed
during that 20-year period.
Foreign judgments are the same time as allowed
by the laws of the foreign jurisdiction.
Tolling: A person's absence from the state
or during the time that an action is stayed
by injunction, court order or by statutory prohibition
tolls the time limit.
Non Sufficient Funds (NSF or Payment of Negotiable
Instruments) checks: 3 years of the dishonor
of the draft or 10 years after the date of the
draft, whichever expired first: 810 ILCS 5/3-118
Indiana Statutes of Limitation
Breach of contract for sale under UCC: 4 years.
Unwritten accounts or contracts and promissory
notes or written contracts for payment of money
executed after August 31, 1982: 6 years.
Written contracts unrelated to the payment
of money: 10 years.
Written acknowledgement or new promise signed
by the debtor, or any voluntary payment on a
debt, is sufficient evidence to cause the relevant
statute of limitations to begin running anew.
Judgments: 10 years unless renewed.
Iowa Statutes of Limitation
Open account: 5 years from last charge, payment,
or admission of debt in writing. Unwritten contracts:
5 years from breach.
Written contracts: 10 years from breach.
Demand note: 10 years from date of note.
Judgments: 20 years. However, an action brought
on a judgment after nine years but not more
than ten years can be brought to renew the judgment.
NOTE: Deficiency judgments on most residential
foreclosures, and judgments on mortgage notes
become essentially worthless two years from
date of judgment.
Kansas Statutes of Limitation
Written agreement, contract or promise: 5 years.
Expressed or implied but not written contracts,
obligations or liabilities: 3 years.
Relief on the grounds of fraud: 2 years.
Kentucky Statutes of Limitation
Recovery of real property: 15 years (KRS 413.0
10).
Judgment, contract or bond: 15 years (KRS 413.110).
Breach of sales contract: 4 years (KRS 355.2-
725).
Contract not in writing: 5 years (KRS413.120).
NOTE: Action for liability created by statute
when no there is no time fixed by statute: 5
years (KRS413.120).
Action on check, draft or bill of exchange:
5 years (KRS 413.120).
Action for fraud or mistake: 5 years (KRS 413.120).
Actions not provided for by statute: 10 years
(KRS 413.160).
Louisiana Statutes of Limitation
Contracts: 10 years.
Open accounts: 3 years.
Lawsuits, which are filed but not pursued,
become null three years after the last action
taken.
Judgment: 10 years, and if not renewed within
the ten years become a nullity.
Maine Statutes of Limitation
Generally all civil actions must be commenced
within 6 years after the cause of action accrues.
(14 M.R.S.A. 752)
The primary exception is for liabilities under
seal, promissory notes signed in the presence
of an attesting witness, or on the bills, notes
or other evidences of debt issued by a bank,
in which case, the limitation is twenty (20)
years after the cause of action accrues. (14
M.R.S.A. 751)
Judgments are presumed paid after twenty (20)
years. (14 M.R.S.A. 864)
Maryland Statutes of Limitation
Civil action: 3 years from the date it accrues,
unless:
Breach of contract under any sale of goods
and services under the UCC: 4 years after the
cause of action, even if the aggrieved party
is unaware of the breach.
Promissory notes or instruments under seal,
bonds, judgments, recognizance, contracts under
seal, or other specialties: 12 years.
Financing statement: 12 years, unless a continuation
statement is filed by a secured party six (6)
months prior to end of twelve (12) year period.
(Maryland, Commercial Law article Sec. 2-725;
Courts & Judicial Proceedings Article Sec.
5-101-02, 9-403).
NOTE: The 3 year statute of limitations begins
again if creditors can document that a debtor
has reaffirmed a debt by a good faith basis
by a written agreement, orally, or by payment.
Massachusetts Statutes of Limitation
Debt instruments issued by banks, Contract under
seal: 20 years.
Judgments: 20 Years.
Oral or Written Contracts: 6 Years.
Consumer Protection Actions: 4 Years.
Recovery of Property: 3 Years.
Probate Claims: 1 Year from date of death.
Claims on mortgage notes following foreclosure
or on claims junior to a foreclosed mortgage:
2 Years.
Michigan Statutes of Limitation
Breach of Contract: 6 years, (MCL 600.5807(8).
Breach of Contract for Sale of goods under
the UCC: 4 years: including deficiency actions
following repossession and sale of goods subject
to a security interest, (MCL 440.2725(1).
Judgments: 10 years, but are renewable by action
for another 10 years, MCL.600.5809(3).
NOTE: Another state's limitation period may
apply check statutes carefully.
Minnesota Statutes of Limitation
Breach of contract for sale under the UCC: 4
years, (MSA 336.2.).
NOTE: Except where the Uniform Commercial Code
otherwise prescribes, actions based on a contract
or other obligation, express or implied, must
be brought within 6 years after the cause of
action occurred (Chapter 541).
Tolling: New written acknowledgement or payment
tolls the statute of limitations for the debt.
Judgments: 10 years.
Mississippi Statutes of Limitation
Contracts and Promissory Notes: 3 years (MCA
75-3-118, 75-2-725, and 15-1-49).
Open Accounts: 3 years from the date at which
time the items on the account became due and
payable,(MCA 15-1-29 & MCA 15-1-31).
Judgment liens on real estate: 7 years, but
can be renewed by filing suit to renew judgment
prior to expiration of 7th year, (MCA 15-1-47).
Deficiency claims: 1 year from sale of collateral,
(MCA 15-1-23)
Enforcement of construction liens: 1 year from
date lien is filed, (MCA 85- 7-141)
Missouri Statutes of Limitation
Written agreement that contemplates the payment
of money or property: 10 Years, (Mo.Rev. Stat.
§5l6.ll 0). NOTE: Under certain circumstances,
the contractual statute of limitations may be
reduced to five years.
Open accounts: 5 years, (Mo. Rev. Stat. §5l6.l20).
Sale of goods under the UCC: 4 years. NOTE:
The statute begins to run from the date when
the breach occurred for contracts and from the
time of the last item in the account on the
debtor's side for actions on accounts.
Montana Statutes of Limitation
(MCA Title 27, Chapter 2)
Written contract, obligation or liability: 8
years.
Contract, account or promise that is not based
on a written instrument: 5 years.
Montana obligation on to provide a certain
level of support for a spouse, child or indigent
parent: 2 years.
Obligation or liability, other than a contract,
account or promise not based on a written instrument:
3 years.
Relief on the grounds of fraud or mistake:
2 years.
NOTE: A written acknowledgement signed by the
debtor or any payment on a debt is sufficient
evidence to cause the relevant statute of limitations
to begin running anew.
Judgment or decree of any U.S. court: 10 years.
NOTE: Judgments rendered in a court not of record:
6 years.
Nebraska Statutes of Limitation
Real estate or foreclosure mortgage actions;
product liability; 10 years.
Foreign judgments, contract or promise in writing,
express or implied: 5 Years.
Unwritten contract, express or implied; Recovery
of personal property; Relief on grounds of fraud;
breach of contract for sale of goods; and open
account: 4 years.
Liability created by federal statute with no
other limitation: 3 years. Malpractice: 2 Years.
NOTE: SoL can be interrupted by partial payment
or written acknowledgement of debt. The statute
starts to run anew from the date of the partial
payment or written acknowledgement, (Neb. Rev.
Stat. §25-216)
NOTE: Actions on breach of contract for sale
may be reduced to not less than one year.
Nevada Statutes of limitation
Written contract: 6 years.
Verbal contract: 4 years.
Property damage: 3 years.
Personal injury: 2 years.
New Hampshire Statutes of Limitation
Contracts and open accounts: 3 years, (RSA 508:4).
Contracts for the sale of goods under UCC:
4 years, (RSA 382-A: 2- 725).
Notes, defined as negotiable instruments: 6
years (RSA 382-A: 3-118)
Judgments, recognizance, and contracts under
seal: 20 years (RSA 508:5)
Notes secured by a mortgage: 20 years and applies
even if the mortgage has been foreclosed, (RSA
508:6).
Tolling: Payment on an account tolls the statute.
NOTE: Installment loans allow for separate
measurement of the statutory period as each
separate payment comes due, unless the loan
has been accelerated
.
New Jersey Statutes of Limitation
Conversion of an instrument for money: 3 years,
(N.J.S.A.12A: 3-118(g)).
Sale of goods under the UCC: 4-years, (N.J.S.A.
12A; 2-725).
Real or personal property damage, recovery
and contracts not under seal: 6 years (N.J.S.A.
2A: 14-1).
Demand Notes when no demand is made: 10 years.
If demand made: 6 years from date of demand,
(12A: 3-118(b)).
Obligations under seal for the payment of money
only, except bank, merchant, finance company
or other financial institution: 16 years, (N.J.S.A.
2A: 14-4) actions for unpaid rent if lease agreement
