Debt doesn't expire, but states have statutes of limitations that restrict how long a collector can pursue you for repayment.
Your old debt won't expire or vanish, but there are limitations on how long creditors can pursue it. These time limits vary by state, typically ranging from a few years to a decade. Once the statute of limitations expires, collectors can no longer take legal action to recover the debt.
Learn about how collectors pursue debts, what could restart the clock, and what to do if collectors contact you about an old debt.
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It’s important to check the statute of limitations on debt, as it varies depending on your state. In some states, once the statute of limitations expires, a collection agency cannot try to collect the debt at all. In other states, while collectors cannot sue you, they may still try to collect the debt and contact you through calls and written requests.
Some debt buyers—companies that buy and try to collect very old debts—still go after borrowers and might even take them to court. If they do this knowing the debt is past the statute of limitations, they may have violated the Fair Debt Collections Practices Act (FDCPA). But they also know that most borrowers won’t show up in court, and the judge will issue a default judgment in the collector’s favor.
If your debt is past the statute of limitations at this point, you can re-open the default judgment and ask the judge to vacate it because it is time-barred. The process is relatively straightforward, but you may want to consult an attorney to ensure it’s done correctly.
Always respond to legal summons. If a collector obtains a judgment against you, they may gain additional powers to collect the debt—such as accessing your bank account or garnishing your wages. To prevent this, all you need to do is appear in court at the appointed time and explain that the debt is time-barred. If that is correct, the lawsuit will be dismissed.
It’s important to note that the statute of limitations on debt is different from how long the debt appears on your credit report. Typically, debt stays on your credit report for seven years, but it depends on your activity with the debt. For example, if the original lender sold the debt after six years and you made a payment to the new debt buyer, it could restart the clock.
Many people make the mistake of believing that the debt statute of limitations begins when they open an account. In reality, the countdown starts from the date of your last payment or the first missed payment.
Imagine you opened a credit card in 2020 and made payments for five years. Then in July 2025, your financial situation changes and you’re unable to make payments.
Depending on which state you’re in, the statute of limitations could range from three to 10 years. Let’s say the state in question had a six-year statute of limitations. The creditor could legally pursue collection until August 2031.
You can also inadvertently reset the clock on a statute of limitations by agreeing to a payment plan or making a partial payment on a debt. In most cases, that restarts the clock from the date of the agreement or payment.
Time-barred debt refers to debt that’s beyond the statute of limitations, meaning it is no longer legally enforceable. While you may still owe the debt if it was legitimate, the creditor or collector can’t use the legal system to force repayment.
According to the Federal Trade Commission (FTC), whether or not collectors can continue to contact you about a time-barred debt depends on state laws. Some states make this illegal. Regardless of your state, a debt collector can’t sue you, threaten to sue you, or harass you over time-barred debt.
If a creditor contacts you about a time-barred debt, you can ask them to stop. The FTC recommends sending this request in writing via mail.
If you’re contacted about an old debt, it doesn’t mean you should automatically pay it. Remember, agreeing to terms and providing a payment can restart the clock on an old debt, and it’s important to be aware of your rights as a consumer. Instead, take the steps below to determine whether the debt is valid and explore your options.
Under the federal Fair Debt Collections Practices Act, debt collectors are required to send you a written notice, even if you don’t ask. However, requesting it upfront is a good first step.
Scammers will claim they aren’t allowed to send a notice or will try to communicate via email instead—these red flags will help you weed out illegitimate callers. By keeping the initial phone conversation brief, you may avoid saying or doing something that could hurt you with legitimate collectors later on.
Once you receive written notice of the debt, you have 30 days to request validation of the debt. Mail your request to the creditor or collections agency via a certified letter, and ask them to validate the debt. You don’t have to give a reason for your request. You can simply say, “I dispute this debt. Please validate it.”
Tip: If the debt isn’t yours, consider reaching out to a credit repair organization, which can help you challenge the debt and request it be removed from your credit report.
While you’re waiting for the response from the bill collector, contact a consumer law attorney or your state attorney general’s office to confirm the statute of limitations for the debt. Consumer law attorneys who regularly represent consumers in cases against debt collectors often provide a free consultation.
Once you receive validation of the debt and confirm whether it’s inside or outside the statute of limitations, you typically have three main options.
Debt generally falls into a few main categories. Each type works fairly similarly when it comes to debt collection. If you miss payments, the debt can become delinquent and go to collections, no matter how the original account was set up. Here are the main four types of debt:
At Credit.com, we’re here to help you navigate debt and get your finances on track. Here are the most frequently asked questions we receive about debt and the statute of limitations.
Time-barred debt refers to debt that’s beyond the statute of limitations. It doesn’t erase the debt if it was legitimate, but the creditor or collector can’t use the legal system to force repayment.
When you file for bankruptcy, creditors can’t legally pursue collection of any debt included in the bankruptcy. The debt also can’t be sent to a collection agency, and almost all collection activities (including legal action or wage garnishment) is prohibited. Note that bankruptcy can affect your credit score.
If you’re contacted about paying a debt after filing for bankruptcy, it’s a good idea to turn the matter over to your attorney. Keep in mind that some debts—such as student loans, taxes, and child support—can’t be discharged, even when you declare bankruptcy.
Time-barred debts can show up on a credit report, so it is important to regularly check your credit score. Negative items, such as missed payments and collections accounts, stay on your credit report for around seven years. Many state statutes of limitations on debt are less than seven years.
A collection agency can list an old debt as a new trade line on your credit report when one of the following statements is true:
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can’t typically take legal action against you. If you notify them that the debt is past the statute of limitations and tell them not to contact you again, they likely won’t.
However, it’s important to note that every case is unique and the statute of limitations on debt is different in each state. Understanding your state’s rules and how they might apply to your specific debt situation is crucial. Contact a lawyer if you have questions.
If a creditor doesn’t believe it can recover a debt, it may sell that debt to a collection agency. These agencies specialize in debt recovery and often have the resources, staff, and time to pursue old debts more aggressively than the original creditor. A collection agency can also list an old debt as a new line on your credit report while continuing to use the original debt date.
One of the best ways to protect yourself against old debts cropping up and creating problems is to keep an eye on your credit.
See where your credit stands by signing up for a free credit report card at Credit.com.