Statute of Limitations on Debt by State: 50-State Guide
The statute of limitations is an affirmative defense that permanently bars a creditor from winning a lawsuit on an old debt. Understanding the exact limitation period in your state is vital to defeating debt buyers attempting to collect on expired accounts.
1. How the Limitation Clock Starts
The statute of limitations clock does NOT start when you opened the credit card or when the debt was charged off. It begins on the Date of Default, which is typically 30 days after the date of your last payment, when the account first became delinquent and un-cured.
2. Comparison of Key State Limitation Periods
- 3-Year States: New York (CPLR 214-i), North Carolina (NCGS § 1-52), Delaware, Maryland, Mississippi, Washington D.C., and South Carolina.
- 4-Year States: California (CCP § 337), Texas (CPRC § 16.004), Pennsylvania (42 Pa.C.S. § 5525), Nevada, Georgia (open account), and Nebraska.
- 5-Year States: Florida (Fla. Stat. § 95.11), Illinois (unwritten contract), Virginia, Missouri, and Arkansas.
- 6-Year States: Ohio (ORC § 2305.07), Michigan (MCL 600.5807), Georgia (written contract), Arizona, Colorado, Washington, New Jersey, and Massachusetts.
3. The Choice of Law & Borrowing Statutes
Most credit card agreements contain choice-of-law clauses specifying Delaware, South Dakota, or Utah law. In states with Borrowing Statutes (such as New York and Ohio), the court applies the shorter of the forum state's SOL or the state named in the agreement, often shortening the allowable window to 3 years.