Old debts and the time limit to sue
An old debt does not disappear, but after a time limit set by state law a collector can no longer sue you over it. Here is how that works.
- 3-6 years
- The limit in most states
- 1 payment
- Can restart the clock
CFPB, read Oct 2, 2026. See source
How the time limit works
A debt generally does not expire until it is paid, but most states limit how long creditors and collectors can use a lawsuit to collect. The CFPB says most states set this statute of limitations between three and six years, some longer, and that some debts, such as federal student loans, have none. The period can depend on the type of debt, the state you live in and the state law named in your credit agreement1.
When the clock starts. In some states the period starts when a required payment is missed; in others it runs from your most recent payment, even one made during collection1.
How it can restart. Making a partial payment, or acknowledging that you owe an old debt, may restart the period, even after it has expired1. Check before you pay anything on a very old debt.
What collectors can still do. In most states collectors can still ask you to pay after the period ends, by letter or phone, as long as they follow the law. They cannot sue or threaten to sue on a time-barred debt; doing so violates the Fair Debt Collection Practices Act. But if you are sued and do not show up to raise the time limit as a defense, a court may still enter a judgment against you1.
If a collector contacts you about an old debt
Step 2
Find the dates
When was your last payment, and which state's law applies?
Step 3
If you are sued, respond
Raise the statute of limitations as a defense; the CFPB suggests talking to a lawyer1.
Step 4
Report problems
You can submit a complaint to the CFPB.
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