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
is under seal, (N.J.S.A. 2A: 14-4).
Real estate: 20 years, (N.J.S.A. 2A: 14-7);
Judgments: 20 years, renewable, (2A: 14-5);
Foreign judgments: 20 years (unless period in
originating jurisdiction is less), (2A: 14-
5).
Unaccepted drafts: 3 years from date of dishonor
or 10 years from date of draft, whichever expires
first, (12A: 3- 118(c)).
New Mexico Statutes of Limitation
Contract in writing: 6 years (except any contract
for the sale of personal property is 4 years
or the last payment, whichever is later).
All other creditor-debtor transactions are
4 years after accrual of the right to sue.
NOTE 1: An action accrues on the first date
on which the creditor can sue for a breach or
for relief, generally from the last purchase
or the last payment.
NOTE 2: If the limitations period has expired,
an acknowledgment or payment starts the period
running again.
Judgments: 14 years.
New York Statutes of Limitation
N. Y. Civil Practice Law and Rules: Chapter
Eight of the Consolidated Laws, Article 2 -
Limitations of Time:
211. Actions to be commenced within twenty years.
(a) On a bond. (b) On a money judgment. (c)
By state for real property. (d) By grantee of
state for real property. (e) For support, alimony
or maintenance.
212. Actions to be commenced within ten years.
(a) Possession necessary to recover real property.
(b) Annulment of letters patent. (c) To redeem
from a mortgage.
213. Actions to be commenced within six years:
where not otherwise provided for; on contract;
on sealed instrument; on bond or note, and mortgage
upon real property; by state based on misappropriation
of public property; based on mistake; by corporation
against director, officer or stockholder; based
on fraud.
213-a. Actions to be commenced within four years;
residential rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years:
for non- payment of money collected on execution;
for penalty created by statute; to recover chattel;
for injury to property; for personal injury;
for malpractice other than medical or dental
malpractice; to annul a marriage on the ground
of fraud.
UCC, Section 2--725. Statute of Limitations
in Contracts for Sale. (1) An action for breach
of any contract for sale must be commenced within
four years after the cause of action has accrued.
By the original agreement the parties may reduce
the period of limitation to not less than one
year but may not extend it. (2) A cause of action
accrues when the breach occurs, regardless of
the aggrieved party`s lack of knowledge of the
breach. Contract for lease of goods: 4 years
(N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation
generally. (a) Accrual of cause of action and
interposition of claim. The time within which
an action must be commenced, except as otherwise
expressly prescribed, shall be computed from
the time the cause of action accrued to the
time the claim is interposed.
North Carolina Statute of Limitation
Express or implied contract, not under seal:
3 years.
Contract and sale of personal property under
seal: 10 years.
Open account: 3 years, NOTE: Each payment renews
the SoL on all items purchased within the 3
years prior that payment. If no payment is made,
the SoL runs from date of each individual charge.
Contracts: From date of breach or default, unless
waived or performance under the contract is
continued.
Judgments: 10 years
Partial payment BEFORE the SoL expires renews
the SoL from date of payment.
Payment AFTER SoL expires renews SoL ONLY if,
at time of payment, circumstances infer the
debtor recognized obligation to pay. Partial
payment on open account restarts SoL on purchases
made within 3 years of payment date, if acknowledgment
can be inferred, starts the statute anew as
to the full obligation acknowledged, even if
all of the charges were not made within the
last three years.NC Continued...
Partial payment by one debtor does not renew
the statute of limitations as against any a
co-debtor unless that co-debtor agreed to, authorized
or ratified the partial payment.
Partial payments DO NOT affect the ten-year
limitation on enforcing or renewing judgments.
Bankruptcy, Death or Disability: Filing of
a bankruptcy tolls the statute of limitations
for the enforcement of contracts and judgments.
The death, minority, disability or incompetence
of a debtor also tolls the limitation period
until such time as a personal representative
of the estate or a guardian of the incompetent
or minor is appointed.
North Dakota Statutes of Limitation
Breach of contract for sale under the UCC: 4
years.
All other actions based on a contract, obligation
or liability, express or implied: 6 years.
NOTE: A new written acknowledgement or promise
or voluntary payment on a debt revives the statute
of limitations for the debt.
Judgments: 10 years.
Ohio Statutes of Limitation
Written or oral account: 6 years, (O.R.C. §2305.07).
Written contract: 15 years, (O.R.C. §2305.06).
Oral contract: 6 years (O.R.C. §2305.07).
Note payable at a definite time: 6 years, (O.R.C.
§ 1303 .16(A)); (2)).
Demand note: 6 years after the date on which
demand is made or 10 years if no demand is made
and neither principal nor interest has been
paid over that time (O.R.C. §1303.16(B)).
Dishonored check or draft: 3 years after dishonor,
(O.R.C. §1303.16 (C)).
Oklahoma Statutes of Limitation
Written Contract: 5 Years, (O.S. § 95(1)).
Oral Contract: 3 Years, (O.S. § 95(2))
Attachments: 5 Years, (O.S. § 95(5))
Domestic Judgment: 5 Years, (O.S. § 95(5))
Foreign Judgment: 3 Years, (O.S. § 95(2)
Oregon Statutes of Limitation
Unlawful trade practices: 1 year, (ORS 646.638(5).
NOTE: There is no statute of limitations for
a cause of action brought as a counterclaim
to an action by the seller. (ORS 646.638(6)).
Contract or liability: 6 years, (ORS 12.080)
Judgment: 10 years, (ORS 12.070).
Pennsylvania Statute of Limitations
Contracts: 4 years, (used to be six).
Contracts under seal: 20 years.
Sale of goods under UCC: 4 years.
Negotiable instruments: 6 years (13 PA C.S.A.
.§3118).
Rhode Island Statutes of Limitation
Contracts and open accounts: 10 years (9-1-13(a)).
Breach of a sales agreement under the UCC:
4 years, (6A-2- 725(1 )).
Contracts or liabilities under seal and judgments:
20 years, (9-1-17).
Hospital liens: 1 year from payment, (9-3-6).
Against insurer to enforce repairer's lien:
1 year from payment to insured, (9-3-11).
Support obligations of common law father: 6
years, (15-8-4).
Mechanic's lien: notice given is one year and
one hundred twenty days, (34-28-10. 10).
South Carolina Statutes of
Limitation
Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A partial payment or acknowledgment in
writing tolls the SoL, (SCCLA 15-3-30).
Foreign or Domestic Judgments: 10 years, (SCCLA
15-3-600).
South Dakota Statutes of Limitation
Contract: 6 years, (SDCL 15-2-13).
Domestic Judgments: 20 Years, (SDCL 15-2-6).
Foreign Judgments: 10 Years, (SDCL 15-2-8).
Claims of Fraud: 6 Years, (SDCL 15-2-13).
Sealed Instrument: (except real estate): 20
Years, (SDCL 15-2-6).
Actions not otherwise provided for: 10 Years,
(SDCL 15-2-8).
Open Accounts: 6 Years, (SDCL 15-2-13).
Sale of Goods: 4 Years, (SDCL57A-2-725).
Tennessee Statute of Limitation
Breach of contract: 6 years, (T. C.A. 28-3-109).
Open accounts: 6 Years, (T. C.A. 28-3-109).
Domestic or foreign judgments: 10 years, (T
.C.A. 28-3-110).
Texas Statutes of Limitation
The Texas Civil Practice & Remedies Code
provides a 4-year limitations period for types
of debt. The SoL begins after the day the cause
of action accrues, (Section 16.004 (a) (3)).
Utah Statutes of Limitation
Any signed, written contract, obligation or
liability: 6 years.
Unwritten contract, obligation or liability:
4 years.
Open account for goods, wares, merchandise,
and services rendered or for the price of any
article charged on a store account: 4 years.
NOTE: A written acknowledgement signed by the
debtor revives the SoL.
Judgment or decree of any court or State of
the United States: 8 years.
Virginia Statutes of Limitation
Open account: 3 years from the last payment
or last charge for goods or services rendered
on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.
Virginia Judgments: 10 years, and renewable
(extended) to 20 years.
Foreign judgments: 10 years.
Vermont Statutes of Limitation
Contracts and goods on account: 6 years.
Witnessed promissory notes: 14 years
Washington Statutes of Limitation
Written contracts and accounts receivable: 6
years, (RCW 4.16.040).
Oral contract: 3 years (RCW 4.16.080).
Recovery of property and judgments: 10 years,
(RCW 4.16.020).
West Virginia Statutes of Limitation
Unwritten and implied contracts: 5 years, (W.
Va. Code 55-2-6 (1923)).
NOTE: If a debtor makes an acknowledgment by
a new promise, or voluntarily makes a partial
payment on a debt, under circumstances that
warrant a clear inference that the debtor recognizes
the whole debt, the statute of limitations is
revived and begins to run from the date of the
new promise, (W. Va. Code §55 -2-8 )
Breach of a sale of goods, lease of goods,
negotiable instruments and secured transactions
under the UCC, is found Article 46 of the West
Virginia Code.
Wisconsin Statutes of Limitation
Contracts, professional services, or an open
account based on a contract: 6 years.
NOTE: Payments made toward the obligation toll
the statute and the time period will then run
from the date of last payment or last charge
by the debtor, whichever occurs later.
Wyoming Statutes of Limitation
Any contract, agreement or promise in writing:
10 years, (WS 1-3-105(a)(i)).
Unwritten contract, express or implied: 8 years,
(WS 1-3-105(a)(ii)).
Recovery of personal property: 4 years, (WS
1-3-1 05 (a) (iv)).
Dishonor of draft (check): 3 years, (WS 34.1-3-118(
c)).
Judgment: 21 years.
NOTE 1: Judgments cannot be revived after twenty-one
years unless the party entitled to bring the
action was a minor or subject to any other legal
disability at the time the judgment became dormant,
in this case action may be brought within 15
years after disability ceases, (WS 1-16-503).
NOTE 2: If no execution is issued within 5
years from date of judgment or last execution
is issued, the judgment becomes dormant and
ceases to operate as a lien on the estate of
the debtor, (WS 1-17-307).
NOTE 3: A dormant judgment may be revived in
the same manner as prescribed for reviving actions
before judgment or by action, (WS 1-16-502).
Ontario Statutes of Limitation
Since most debt actions are based in contract:
6 years from the date the cause of action arose
(date of last payment or written acknowledgment
of the debt).
NOTE: If the contract provides that the law
of another jurisdiction governs it, the limitation
period of that jurisdiction will apply.
The post-judgment enforcement remedy of filing
a writ of seizure and sale provides that the
writ is valid for 6 years from the date it is
issued, subject to renewal, which is the responsibility
of the creditor. A discretionary procedure exists
to renew an expired writ.
Actions on foreign judgments, including those
from the United States, must be commenced within
20 years from the date of the foreign judgment.
The merits of the defenses, if any, which were
raised in the foreign debt action, are generally
not available as defenses to the action on the
judgment.
Virgin Islands Statutes of
Limitation
Civil action under a contract or liability,
express or implied: 3 years.
Instruments under seal, judgments or decree
of any court of the United States or of any
state, commonwealth or territory within the
United States: 20 Years, (Title 5, Section 31,
Virgin Islands Code)