Disclaimer: This article is for general information only. It isn’t legal, financial or tax advice, and we aren’t attorneys or financial advisors. Debt collection laws change, they differ by state, and courts can read them differently depending on the facts of a case. If you’re being sued or contacted about an old debt, talk to a licensed consumer attorney or a legal aid office in your state before you pay, sign or say anything about the debt.
Every state sets a deadline for suing over unpaid credit card debt. Once it passes, the debt is called “time-barred,” and a creditor or collector can no longer sue you for it. How long the deadline is depends on your state, the kind of debt, and when the clock started.
This guide explains how the deadline works and why credit cards are tricky. It also shows the deadlines for ten of the largest states, checked against the laws themselves, and explains how to find yours if it isn’t here.
One thing to know up front. If you search online, you’ll find 50-state lists that disagree with each other. That happens because most state laws don’t mention credit cards at all. They set periods for “written contracts,” “open accounts” or “debt,” and then someone has to decide which one a credit card falls under. We show what the statute says, so you can see where the uncertainty is.
The short version
- The statute of limitations is a deadline to file a lawsuit. It doesn’t erase the debt, according to the CFPB.
- Once a debt is time-barred, collectors can’t sue or threaten to sue over it. They can still ask you to pay.
- In many states, a partial payment or a written acknowledgment of an old debt can restart the clock. New York bans this for consumer credit debt.
- A debt can stay on your credit report for about seven years no matter what the statute of limitations says.
- If you’re sued, respond. In many states the court won’t apply the deadline on its own, so you usually need to raise it yourself.
How the statute of limitations works
A statute of limitations is a rule that limits how long someone has to bring a lawsuit. For consumer debt, it limits how long a creditor, a debt buyer or a collector has to sue you for payment.
The CFPB explains that a debt doesn’t generally disappear until it’s paid, but in many states there’s a time limit on legal action to collect it. The limit depends on the type of debt and on the state law named in your credit agreement. Some debts, such as federal student loans, don’t have one.
When the deadline has passed, the Fair Debt Collection Practices Act prohibits a collector from suing or threatening to sue over the debt. If a collector does, you may have a claim against them and can file a complaint with the CFPB.
Why credit cards are tricky
Three things make credit card deadlines hard to pin down.
1. The laws sort debts by contract type. State statutes usually give one period for written contracts and another for unwritten (oral or implied) contracts or open accounts. A credit card account has features of both. You may have signed an application, but the account itself works like an open account that changes every month. Credit card debt is often treated as an open-ended account, but the answer can differ by state and by the facts of the case.
2. The clock can start at different points. According to the CFPB, in some states the period begins once a required payment is missed. In others, it counts from the most recent payment, even if that payment was made during collection.
3. Which state’s law applies can be disputed. Your cardholder agreement may name a particular state’s law, and you may have moved since you opened the account. If you’re not sure which state’s deadline applies to you, that’s a good question for an attorney.
Statute of limitations in ten large states
The table shows what each state’s law says about contract debt. Where there are two periods, which one applies to a card depends on how the account is classified.
| State | Law | Deadline in the statute | What it means for card debt |
|---|---|---|---|
| California | Code of Civil Procedure § 337 | 4 years | The same 4 years covers written contracts and book accounts or open accounts with written items. |
| Florida | Fla. Stat. § 95.11 | 5 years for a written instrument; 4 years for a contract not founded on a written instrument, including store accounts | Depends on whether the account is treated as written or unwritten. |
| Georgia | O.C.G.A. §§ 9-3-24 and 9-3-25 | 6 years for a simple written contract; 4 years for open accounts, unsigned contracts and implied promises | Depends on whether a signed written contract exists. |
| Illinois | 735 ILCS 5/13-205 and 5/13-206 | 5 years for unwritten contracts, express or implied; 10 years for written contracts and written evidence of indebtedness | Depends on whether the debt rests on a written contract. |
| Michigan | MCL 600.5807(9) | 6 years | General deadline for breach of contract. |
| New York | CPLR § 214-i | 3 years | Applies to consumer credit transactions. Later payments don’t revive or extend it. |
| North Carolina | N.C. Gen. Stat. § 1-52(1) | 3 years | General deadline for contract debt, written or not. |
| Ohio | Ohio Rev. Code §§ 2305.06 and 2305.07 | 6 years for written contracts; 4 years for contracts not in writing; 6 years for consumer transactions for personal, family or household purposes, whether or not written or signed | For consumer transactions, the clock starts 30 days after the last charge or payment, whichever is later. A pending bill could shorten the general periods (see below). |
| Pennsylvania | 42 Pa.C.S. § 5525 | 4 years | Covers written and unwritten contract claims. |
| Texas | Tex. Civ. Prac. & Rem. Code § 16.004 | 4 years | “Debt” falls under the four-year period. |
We checked this table in October 2026 against the statute text. Florida, Illinois, Michigan, North Carolina, Ohio, Pennsylvania and Texas come from the states’ own legislative or code websites. California, Georgia and New York come from legal publishers that reproduce the official text. Laws change, so check the current text of your state’s statute before you rely on it.
A few notes on specific states:
- New York shortened its deadline from six years to three in 2022 under the Consumer Credit Fairness Act. The new section says that once the period expires, a later payment, a written or oral affirmation of the debt, or other activity on it does not revive or extend the deadline.
- Illinois has a rule for written contracts too. A written payment or a written promise to pay can restart the 10-year period.
- Ohio has a bill pending as of our check. Senate Bill 157 passed the Ohio Senate on May 20, 2026, and the last action we saw was its referral to the House Judiciary Committee on May 27, 2026. It would shorten the general contract periods for written and unwritten contracts. It hasn’t become law as far as we could tell, but check the Ohio legislature’s status page before relying on the numbers above.
- Florida and Georgia have different periods for the same debt depending on how it’s classified. Don’t assume the longer or the shorter one applies. Ask an attorney. For more on Florida, including what can pause the clock, see our guide to the statute of limitations on credit card debt in Florida.
What if your state isn’t in the table?
You can look it up yourself. Start with these steps:
- Search your state legislature’s website for the state code and look for the chapter on limitations of actions, often called “limitations” or “civil practice.”
- Find the sections on written contracts, unwritten contracts and open accounts, and note the number of years in each.
- Check your state attorney general’s consumer protection page. Many publish guides on debt collection.
- Ask a legal aid office or a consumer attorney which period applies to credit card debt in your state. Many debt cases turn on that question.
Don’t rely on a single website’s table, including ours, for a decision that affects whether you can be sued.
How to work out your deadline
You need three pieces of information: the date of your last payment, the date you first missed a payment, and the name of the original creditor.
You can find the dates in old statements, in your card account history or on your credit reports. You can get free reports at AnnualCreditReport.com. The reports usually list the date of first delinquency.
Here’s a hypothetical to show the arithmetic. Say you live in a state with a four-year period that runs from your last payment, and your last payment was on June 1, 2023. The deadline would be June 1, 2027. If your state counts from the first missed payment instead, the date would be earlier. That’s why the starting point matters as much as the number of years.
What can restart the clock
The CFPB warns that making a partial payment, or acknowledging that you owe an old debt, may restart the time period, even after the statute of limitations has expired. The rules differ by state, and some states require a written acknowledgment.
Because of that, think twice before you do any of these on an old debt without knowing the deadline:
- Making a payment, even a small one.
- Signing a document that says you owe the debt.
- Agreeing to a payment plan.
If a collector pressures you to pay “just a little” to show good faith, ask for the request in writing and talk to an attorney first. In New York, a payment can’t revive an expired consumer credit debt, but don’t assume other states work the same way.
What the deadline doesn’t do
- It doesn’t erase the debt. The debt still exists, and a collector can still ask you to pay.
- It doesn’t remove the debt from your credit report. According to the CFPB, credit reporting companies can generally report most negative information for seven years. A lawsuit or judgment can be reported for seven years or until the statute of limitations runs out, whichever is longer.
- It doesn’t stop a lawsuit from being filed. It gives you a defense, and you have to use it.
If you’re sued over an old debt
- Don’t ignore the summons. If you don’t respond by the deadline, the court may enter a judgment against you by default.
- Read the papers carefully. Note the court, the case number and the date you must respond by.
- Respond and raise the statute of limitations. In many states, the court won’t dismiss the case on its own. You need to tell the court the deadline has passed.
- Get help. A legal aid office or a consumer attorney can tell you which deadline applies and how to respond.
- Consider a complaint. If a collector sued or threatened to sue over a time-barred debt, you can file a complaint with the CFPB and your state attorney general.
Frequently asked questions
What is the statute of limitations on credit card debt?
It depends on the state. Among the ten states above, the periods in the statutes range from 3 years in New York and North Carolina to 10 years for written contracts in Illinois. Most of the others fall between 4 and 6 years.
Does the debt disappear after the statute of limitations expires?
No. The debt still exists, but creditors and collectors can’t sue or threaten to sue over it. They may still contact you and ask for payment.
Can a collector still call me about a time-barred debt?
Collectors can usually still try to collect a time-barred debt. They can’t sue or threaten to sue. You can ask a collector in writing to stop contacting you, and you can file a complaint with the CFPB if a collector breaks the rules.
Does a time-barred debt hurt my credit score?
It can. The debt can stay on your credit report for about seven years, regardless of the statute of limitations.
What if I moved to a different state?
It can get complicated. The deadline can depend on the state named in your credit agreement and on where you lived. An attorney can help you work out which state’s law applies.
Should I pay a debt that is past the statute of limitations?
That’s a personal decision, and it depends on your situation. Before you pay anything, confirm that the debt is yours, find out whether it’s actually time-barred, and understand whether a payment could restart the clock in your state. A consumer attorney or a nonprofit credit counselor can help you decide.
If you’re dealing with credit card debt more broadly, our complete guide to credit card debt covers payoff methods, ways to lower your rate and where to get help. You can also use our credit card payoff calculator to see how long it would take to pay off a balance.
Sources
Figures and statutes were checked in October 2026. Laws change, so check the current text before relying on any of these figures.
- What is time-barred debt?, Consumer Financial Protection Bureau
- How long does negative information remain on my credit report?, Consumer Financial Protection Bureau
- California Code of Civil Procedure § 337
- Florida Statutes § 95.11 (2025), The Florida Senate
- Georgia Code § 9-3-24 (2022) and § 9-3-25
- 735 ILCS 5/13-205 and 735 ILCS 5/13-206, Illinois General Assembly
- MCL 600.5807, Michigan Legislature
- N.Y. CPLR § 214-i
- N.C. Gen. Stat. § 1-52, North Carolina General Assembly
- Ohio Rev. Code § 2305.07, State of Ohio; Ohio Senate Bill 13 (2021) summary, Frantz Ward (for § 2305.06); and Ohio Senate Bill 157 status, Ohio Legislature
- 42 Pa.C.S. § 5525, Pennsylvania General Assembly
- Tex. Civ. Prac. & Rem. Code § 16.004, Texas Legislature
The date example is hypothetical and shows the arithmetic only. This article covers ten states. Other states’ laws may differ.