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Statute of Limitation
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State Statutes of Limitations for Debt Collection

If you are being hounded by a debt collector for a debt that is years old, the first question you should have is, what is the statute of limitations for this type of debt in my state? A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after the debtor becomes delinquent on the debt, that legal proceedings (law suits) based on those events may be initiated. Note that the collection agencies may still try to collect the debt; but a court will throw out a lawsuit.

The type of debt affects the statute of limitations, too. Credit cards are usually considered to be "Open Accounts". Auto loans and other installment-type agreements are considered "Written Contracts".

This chart indicates the number of years of the statute of limitations in each U.S. state, as of Jan 2007.  After this date it may change, so consult your state's attorney general's office or a lawyer to confirm.

State
Oral Agreements
Written Contracts
( including auto loans
and installment type loans)
Promissory Notes
Open Accounts
(includes credit cards)
Alabama
6
6
6
3
Alaska
6
6
6
6
Arizona
3
6
5
3
Arkansas
3
5
6
3
California
2
4
4
4
Colorado
6
6
6
6
Connecticut
3
6
6
6
Delaware
3
3
6
3
District of Columbia
3
3
3
3
Florida
4
5
5
4
Georgia
4
6
6
4
Hawaii
6
6
6
6
Idaho
4
5
10
4
Illinois
5
10
6
5
Indiana
6
10
10
6
Iowa
5
10
5
5
Kansas
3
5
5
3
Kentucky
5
15
15
5
Louisiana
10
10
10
3
Maine
6
6
6
6
Maryland
3
3
6
3
Massachusetts
6
6
6
6
Michigan
6
6
6
6
Minnesota
6
6
6
6
Mississippi
3
3
3
3
Missouri
5
10
10
5
Montana
5
8
8
5
Nebraska
4
5
6
4
Nevada
4
6
3
4
New Hampshire
3
3
6
3
New Jersey
6
6
6
6
New Mexico
4
6
6
4
New York
6
6
6
6
North Carolina
3
3
5
3
North Dakota
6
6
6
6
Ohio
6
15
15
?
Oklahoma
3
5
5
3
Oregon
6
6
6
6
Pennsylvania
4
6
4
6
Rhode Island
15
15
10
10
South Carolina
10
10
3
3
South Dakota
6
6
6
6
Tennessee
6
6
6
6
Texas
4
4
4
4
Utah
4
6
6
4
Vermont
6
6
5
6
Virginia
3
5
6
3

Virgin Islands

 3 3 3 3
Washington
3
6
6
3
West Virginia
5
10
6
5
Wisconsin
6
6
10
6
Wyoming
8
10
10
8

Please note: this table is present for informational purposes only - we are not lawyers nor presenting legal advice. To act on a legal action, contact a lawyer and/or check with your state's attorney general's office. Click here for the contact information for your state's Attorney General.

More Resources

This MSN article provides a very good, detailed explanation of the statute of limitations, aging of debts and related issues.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

If you believe you may have fallen victim to an internet scam and wish to report it, please file a complaint with the U.S. government Internet Fraud Complaints Center

 

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