Debt & Credit

Statute of Limitations on Debt: When Old Debts Expire and What Restarts the Clock

A notepad reading “Pay debt” with a red pen and glasses, with a sticky note reading “$50?”.
Photo by Towfiqu barbhuiya on Unsplash

Say a collector calls about a store card balance from 2014. You offer $50 to show good faith. Depending on the state, that could be the costliest payment you ever make. Old debts carry a deadline for lawsuits. In a number of states, a payment or a signed acknowledgment starts that clock over, and a debt nobody could sue over becomes one they can. What gets said in the first thirty seconds of that call matters.

What to say when the collector calls

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Also worth reading

That deadline is the statute of limitations. In most states it falls somewhere between three and six years for debts, by the Consumer Financial Protection Bureau's count, and some states run longer. The kind of debt matters, and so does the state.

Once it passes, a collector can't sue over the debt or threaten to. The debt doesn't vanish, though, and the calls and letters may keep coming. A court won't toss out a late lawsuit on its own, either. It's usually up to the person being sued to point out that the deadline has passed.

See what to do if a lawsuit arrives

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Two deadlines people mix up

The statute of limitations is about lawsuits. Credit reports run on a clock of their own, and the two don't line up.

  1. Most negative items: seven years. A credit reporting company can generally report most negative information for seven years, according to the CFPB.
  2. Court records: whichever is longer. Information about a lawsuit or a judgment can stay on a report for seven years or until the statute of limitations runs out, whichever comes later.
  3. Off the report isn't off the hook. A debt can drop off a credit report and still be collectible in court. It can also sit on a report after the lawsuit window has closed.
  4. Paying doesn't erase the entry. A payment on a time-barred debt doesn't wipe it off a report. Free reports at annualcreditreport.com show the account and its history, and anything wrong can be disputed.
  5. "Fix your credit" pitches. A promise to clean up a report shouldn't rush anyone into a payment they haven't thought through, least of all in a state where that payment can restart the lawsuit clock.

That's the slower clock. The article covers the faster one: how three states treat a payment on an old debt, what to say when a collector calls, and the steps to take in order.

See the seven steps, in order

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