Statute of Limitations by State

State Oral Written Promissory Open-ended Accounts State Statute: Open Accounts
AL 6 6 6 3 §6-2-37
AR 3 5 3 3 §16-56-105
AK 6 6 3 3 §09.10.053
AZ 3 6 6 3 §12-543
CA 2 4 4 4 §337
CO 6 6 6 6 §13-80-101
CT 3 6 6 3 §52-581
DE 3 3 3 4 §2-725
DC 3 3 3 3 §12-301
FL 4 5 5 4 §95.11
GA 4 6 6** 4 §9-3-25
HI 6 6 6 6 HRS 657-1(4)
IA 5 10 5 5 §614.5
ID 4 5 5 4 §5-222
IL 5 10 10 5 735 ILCS 5/13-205
IN 6 10 10 6 §34-11-2
KS 3 6 5 3 §84-3-118
KY 5 15 15 5 §413.120
LA 10 10 10 3 §3-118
ME 6 6 6 6 §14-205-752
MD 3 3 6 3 §5-101
MA 6 6 6 6 c.260, §2
MI 6 6 6 6 §600.5807
MN 6 6 6 6 §541.05
MO 5 10 10 5 §516.120
MS 3 3 3 3 §15-1-29
MT 5 8 8 5 27-2-202
NC 3 3 5 3 §1-52(1)
ND 6 6 6 6 28-01-16
NE 4 5 5 4 §25-206
NH 3 3 6 3 382-A:3-118
NJ 6 6 6 6 2A:14-1
NM 4 6 6 4 §37-1-4
NV 4 6 3 4 NRS 11.190
NY 6 6 6 6 §2-213
OH 6 15 15 6 §2305.07
OK 3 5 5 3 §12-95
OR 6 6 6 6 §12.080
PA 4 4 4 4 §5525
RI 15 15 10 10 §6A-2-725
SC 3 3 3 3 SEC 15-3-530
SD 3 6 6 6 §15-2-13
TN 6 6 6 6 28-3-109
TX 4 4 4 4 §16.004
UT 4 6 6 4 78B-2-307
VA 3 5 6 3 8.01-246
VT 6 6 5 3 §3-118
WA 3 6 6 3 RCW 4.16.080
WI 6 6 10 6 893.43
WV 5 10 6 5 §55-2-6
WY 8 10 10 8 §1-3-105

** Georgia Court of Appeals came out with a decision on January 24, 2008 in Hill v. American Express that in Georgia the statute of limitations on a credit card is six years after the amount becomes due and payable

The material provided in this table for informational purposes only and should not be construed as legal advice. Although the material is deemed to be accurate and reliable, we do not make any representations as to its accuracy or completeness and as a result, there is no guarantee it is not without errors.


Why should you care about the Statute of Limitations (SOL)?

Every day, consumers pay off collection accounts and charge-offs which they do not have to pay off because the Statute of Limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.

This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember: the Statute of Limitations begins to run from the day the debt – or payment on an open-ended account – was due. Also, this has nothing to do with how long a negative credit item can remain on your credit report. To view these credit reporting rules, click here.

Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, “I have an absolute defense–the Statute of Limitations has expired.”

The Statute of Limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the Statute of Limitations expired, you will have a lost lawsuit and a judgment against you.

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