What’s the Statute of Limitations on Credit Card Debt? (Updated for 2025)

Credit card debt doesn’t have to follow you forever, even if you can’t afford to pay it back. It's great that you're learning how to get rid of it. Every step you take could bring you closer to a more solid financial footing. 

If debt collectors are calling you about an old debt, the first thing to do is find out if you could still be sued for it. The statute of limitations on credit card debt puts a firm time limit on how long creditors and debt collectors can legally pursue you for the debt. A debt that’s past the statute of limitations is called time-barred.

This time limit generally ranges from three to 10 years, depending on where you live. Each state has its own statute of limitations. These laws protect consumers from legal action for old debts. Otherwise, debt collectors would be able to sue you indefinitely.

Debt collectors can and do still try to collect on old debts. And there are ways to accidentally reset the clock if you’re not careful. For example, if you make any sort of payment toward the debt, that could restart the statute of limitations. Debt collectors may try to get you to make a small payment for this reason.

Know your rights so you can protect yourself from collection efforts on old debts. If you’ve been looking for credit card debt relief, the statute of limitations may be a consideration when you choose a strategy.

Types of Debt and How Statutes of Limitation Apply

Statutes of limitations depend on the type of debt you have. The four major debt categories are:

• Open-ended accounts. A credit account without a set end date. Credit cards and home equity lines of credit (HELOCs) are two common examples. These are revolving credit accounts, meaning you can borrow, make payments, and borrow again.

• Written contracts. Debt with a written agreement between the borrower and the lender. The contract has the terms of the debt. Personal loans are in this category.

• Oral agreements. Debt that only has an oral agreement and no written contract. Oral agreements can be legally binding, but it could be harder to prove the terms with no record in writing.

• Promissory notes. A written promise to repay a debt by a specific date. The promissory note also includes the interest rate the borrower will pay.

Credit cards are a type of open-ended account. You can use a credit card repeatedly, as long as you make your payments and don’t go over your credit limit. Credit card agreements typically don’t have an end date. Credit card debt may have a shorter statute of limitations in your state than other types of debt—check your state’s laws to be sure.

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What Is the Statute of Limitations for Credit Card Debt?

The statute of limitations on credit card debt is the number of years a person can be sued for an unpaid credit card balance. It generally ranges from three to 10 years, depending on the state laws that apply. Each state has its own laws setting the statutes of limitations for credit card debt, crimes, and civil matters. 

To be clear, if you have a debt, it never goes away. It’s always your debt. What goes away is the creditor’s legal right to win a lawsuit against you for that debt. If they sue you for a debt and the statute of limitations has passed, the debt is time-barred. If you’re sued for a time-barred debt, you could ask the judge to throw out the lawsuit.

Your own state’s statute of limitations may apply—but not always. Some credit card agreements have a “Choice of Laws” clause that designates a specific state’s laws for any disputes. The state chosen could be the credit card company’s home state or a different state entirely.

Check your credit card agreement to find out if there’s any information about state laws. If a creditor or debt collector is trying to collect the debt, you can request a copy of the agreement you signed.

The table below shows the statutes of limitations for credit card debt in each state. These time limits only apply to credit cards. Other sorts of debt could have longer or shorter limits.

Complete State-by-State Guide to Credit Card Debt Statutes of Limitations

The table below has the statute of limitations on credit card debt in all 50 states. You can use the table to quickly check the statute of limitations in your state. The details are current at the time of writing this guide, but states sometimes update their debt collection laws. It’s a good idea to double-check your state’s current laws if you have old debt.

The shortest statute of limitations is three years, which is found in 10 states. Rhode Island and Wyoming have the longest statutes of limitations at 10 years.

Certain parts of the country have similar debt collection laws. The southeastern U.S., including Alabama, Mississippi, North Carolina, and South Carolina, have shorter statutes of limitations of three to four years. Most states in the New England region, including Massachusetts, Connecticut, Vermont, and Maine, have six-year statutes of limitations.

To verify the statute of limitations where you live, check your state’s official website or contact the state attorney general. You could also consult with a legal aid organization or a consumer lawyer.

*While this list is accurate at the time of publication, states may change their statutes of limitations. Check with your state’s attorney general to confirm the current laws on debt collection, or consult with a licensed legal professional.

When Does the Clock Start on Statutes of Limitations?

The clock normally starts on the statute of limitations when you stop making payments on your credit card. For example, let’s say you live in California and missed your scheduled credit card payment on July 1, 2020. If you didn’t make any payments after that, then the statute of limitations for your credit card debt ran out on July 1, 2024. That was the last day anyone could sue you over the credit card debt.

States’ laws vary over the exact event that starts the clock on the statute of limitations. And it’s often possible to restart the clock, making you legally responsible for old credit card debt again.

How the Statute of Limitations Clock Could Restart: Critical Mistakes to Avoid

Creditors and debt collectors could still contact you after the statute of limitations has expired to request that you repay some or all of the money owed on a debt. Typically, they aren’t required to let you know if that debt is past the statute of limitations. Some collection agencies buy zombie debt at a very low cost and then try to collect as much as possible. 

Proceed with extreme care when dealing with debt collectors or creditors. If you make a payment, accept a payment plan, or agree to a debt settlement offer, you could reset the statute of limitations. The debt could once again become collectible in court. In other words, the statute’s limit begins all over and the debt collector can pursue legal action against you for payment for several years.

The timeframe for the statute of limitations is based on your most recent payment. The size of the payment doesn’t matter. Even a small payment to get the debt collector off your back or as a show of good faith could cost you.

Making a payment isn’t the only action you need to avoid. In some states, just acknowledging that you owe the money could restart the clock. Debt collectors may use entrapment techniques to try to get you to say, write, or do things that restart the statute of limitations.

Traps and Pitfalls to Avoid with Debt Collectors

Debt collectors usually record phone calls, so it’s best not to discuss a debt until you know that it’s valid and belongs to you. The only thing you should say on the phone is that the caller must write to you with the details of the alleged debt. Ask the debt collector to send you a formal document called a debt validation letter or debt validation notice. Then, politely end the call.

Once you request it, the debt collector needs to send you validation information about the debt. That should include the name of the creditor, the amount you owe, and how to dispute the debt. This debt validation letter is legally required. Debt collectors are supposed to send you a debt validation letter within five days of their first communication with you, and many will send it upfront without you having to ask.

And after you receive this debt validation letter, you have the right to reply within 30 days asking for more information or to dispute the debt. If you don’t recognize the debt, if the debt is old and past the statute of limitations, or if there are other problems or inaccuracies with the debt collector’s information, now is the time to complain and protect yourself. Don’t give any personal or financial information to a caller until you’ve confirmed that it’s a legitimate debt collector.

If the debt is time-barred by your state’s statute of limitations on credit card debt—and you don’t want to pay it—you could reply to the creditor’s letter saying that you note that the debt is time-barred. Don't acknowledge that the debt is yours.

Common Tactics of Debt Scavengers 

Debt collectors that purchase old, expired debt are commonly known as debt scavengers— and they’ll use several shady tactics to try to get you to pay them. Debt scavengers may:

• Promise to leave you alone for a small payment. This is a false promise. They really want you to restart the clock on the statute of limitations, which could happen if you make that small payment.

• Get you to acknowledge the debt as yours. A debt collector may ask you to confirm information about a debt or say that you recognize it. This might not seem like a big deal, but any sort of acknowledgment could reset the statute of limitations. The safest option is to avoid confirming anything about the debt.

• Say they won’t report your debt on your credit report. Unpaid debt typically stays on your report for up to seven years. In most cases, paying off the debt earlier won’t change how long it’s on your credit file.

• Claim that not paying will hurt your credit. Old debts eventually fall off your credit file, usually after seven years. The debt might not even affect your credit score anymore. This claim is just another way to convince you to make a payment and reset the statute of limitations.

• Threaten to sue. Debt scavengers won’t be able to successfully sue you, because the debt is time-barred.

• Re-age your debt. This means changing the date of the last payment or activity on your account so the debt looks newer than it really is. Re-aging debt is illegal (though some collectors try it), and you should dispute it with the credit bureaus if it happens to you.

• Verbally abuse or harass you. Abusive behavior from a debt collector is against the law.

• Misrepresent themselves as litigation firms. Few debt collectors are lawyers. They just want to scare you into paying up.

Many of these tactics are illegal. You could file a complaint with the Consumer Financial Protection Bureau (CFPB) about a debt collector’s illegal behavior. You could also report the debt collector to your state attorney general or find an attorney who might be able to sue for damages on your behalf.

Which State’s Laws Apply When You Move?

There’s no single answer for which state’s statute of limitations applies if you move. It depends on the original credit card agreement and the court that hears the case.

The creditor or debt collector would normally need to file a lawsuit where you live. If so, your current state’s statute of limitations would apply. But credit card agreements often have a clause that includes a location for legal disputes. This clause essentially lets the creditor choose where they want to sue you.

Check your original credit card agreement to find out if it has this provision, called a choice of venue clause. If you don’t have the agreement anymore, you may be able to find it online. The CFPB has a credit card agreement database with agreements from hundreds of card issuers. In the CFPB search bar, search for “credit card agreements + database.”  

If you don’t agree with the choice of venue, you could argue against it. Ultimately, the court decides which state’s statute of limitations applies. Since this can be a complex topic, consider seeking out professional help if you’ve moved or you’re unsure of the statute of limitations on your debt.

Can a Debt Collector Contact or Sue Me After the Statute of Limitations Expires?

A debt collector generally is allowed to contact you about debt after the statute of limitations expires. After all, you still owe the debt and they may try to collect it. But once you’re past the statute of limitations on credit card debt, creditors and debt collectors can’t legally sue you over it.

Some may still try to collect by filing a lawsuit, even though you have a perfect defense: The debt is time-barred by the statute of limitations. You must make that defense in court. 

They do this because most people who are sued for debt don’t show up to court. When that happens, the debt collector gets an automatic win and you owe the money.

If you’re sued, you or your lawyer must respond, show proof that the debt is time barred, and ask the judge to dismiss the case. Even though the law is on your side, you still need to defend yourself so the judge knows that the debt is expired. If you don’t turn up at the hearing, there’s a good chance you’ll lose.

Original creditors vs. debt buyers

Chasing zombie debt has gotten more common. In the past, a credit card company’s own collection department or a collection agency they worked with would pursue debt for a few years. After that, if a creditor didn’t sue you, they would likely just write off the debt after the statute of limitations kicked in.

Many card issuers have started selling their unpaid accounts to third-party debt buyers. These debt buyers pay pennies on the dollar to purchase debt. For example, a large debt buyer could purchase $10 million in unpaid debt for $400,000 or $500,000.

Debt that's past the statute of limitations is very cheap debt. Since the debtor is no longer legally responsible, the debt buyer will have a much harder time collecting. But the buyer doesn’t need to collect much to make a profit on the debt purchase. That’s why debt collectors could still call about time-barred debt.

What to Do if You’re Sued for Time-Barred Debt

You should receive a court summons and a complaint. Read both carefully to understand what’s required of you and the deadline for a response. Consider contacting an attorney to help you prepare your defense and to represent you in court.

When a debt is time-barred,  it’s now past the statute of limitations, and the debt collector doesn’t have the right to collect. 

You could present your defense when you go to court. Unfortunately, many consumers lose by default, because they don’t show up in the first place. If you ignore the court summons, the debt collector could win a default judgment. Then they could ask the court to let them garnish your wages or bank account. Nearly 70% of judgments in collections lawsuits are default judgments, according to the CFPB.

Make sure you show up to court to give yourself a fighting chance. Tell the court that you’re being sued for a time-barred debt. If possible, bring documentation of your last credit card payment to prove that the statute of limitations has run out.

Court Judgments: Timeline, Renewal, and Consequences

A court judgment against you gives the debt collector more ways to collect the debt. Court judgments have a statute of limitations that ranges from three years to 21 years, depending on the state. In most states, it’s around 10 years, so it’s normally longer than the statute of limitations on credit card debt.

Court judgments are also typically renewable. You may not be able to wait out a judgment. Even if you’ve nearly reached the statute of limitations, the debt collector could ask the court for a renewal.

Once a debt collector wins a court judgment, it could add interest to your debt. The interest rate depends on the state and may be updated every year or even more often. In addition to interest charges, other potential consequences of a court judgment are:

• Wage garnishment. A portion of your income gets withheld and sent to the debt collector.

• Property liens. A notice is placed on a piece of property you own, such as a car or home. You must pay the debt to clear the lien. Otherwise, if you sell or refinance the property, the money could go to your creditor.

• Asset seizure. The authorities could confiscate and sell your assets. The money from the sale is used to pay your creditor.

It gets much harder to deal with debt once a court has issued a judgment. At that point, the debt collector can take more aggressive action against you. Whenever possible, try to avoid a court judgment by showing up to court and presenting a strong defense. Another option is starting a debt relief program that could help you come to a settlement agreement with the creditor.

What if My Credit Card Debt Is Within the Statute of Limitations?

If your credit card debt is still within the statute of limitations, the creditor could win a lawsuit against you. Waiting for the clock to run out might seem like a good way to go, but it’s rarely a wise strategy. The longer you wait, the larger your debt could become as it accumulates interest and fees. The creditor or debt collector probably knows when the statute of limitations runs out, too, and may file a lawsuit before that happens.

A better strategy is to take control of your debt by working with a professional debt settlement company. Freedom Debt Relief’s Certified Debt Consultants could help you come up with a plan to get debt-free and put yourself on track for a better financial future. Find out if you qualify today.

How to Verify Old Debt and Know Your FDCPA Rights

When a debt collector contacts you, ask for a validation notice. Don’t agree to make a payment or even acknowledge that the debt could be yours.

The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors send you information you can use to verify the debt. The debt collector must send this written notice, sometimes called a validation notice, within five days of contacting you. The notice could also be the way a debt collector gets in touch with you, but most choose to call first.

A validation notice must include the following:

• Name and mailing information of the debt collector

• Name of the creditor on the debt

• Account number for the debt, if any

• Current amount of the debt as of the validation notice

• Itemized details of the debt to reflect interest, fees, and payments

• Information on how to reply to the debt collector

• A tear-off form you can send back to the debt collector to dispute the debt or take other actions

Once you have this information, check that the debt is legitimate and within the statute of limitations. You have 30 days after receiving the validation information to dispute the debt in writing. If you don’t file a dispute, the debt collector will assume the debt is valid and continue collection efforts. If the debt is legitimate, check out how Freedom Debt Relief works to learn about your settlement options.

Debt collectors could attempt to collect time-barred debt, but they must follow the rules in the FDCPA. They can’t harass you, threaten you, provide misleading information, or contact you excessively. If you want to stop a debt collector from contacting you, send a cease communications letter by certified mail asking them to stop all contact.

If a debt collector violates the FDCPA, you could file complaints with the CFPB, Federal Trade Commission (FTC), and the state attorney general. You could also sue for damages of up to $1,000 per violation.