How long a debt collector can sue you for an unpaid debt depends on your state and the type of debt. Find your state below — written-contract and credit-card/open-account limits, in years. General information, not legal advice.
A payment or acknowledgment can RESET the clock: making a partial payment or (often in writing) promising to pay an old debt can restart the limitations period in many states — though a few states (e.g. New York consumer credit, Texas, Nevada, DC) bar reviving an expired debt entirely.
Time-barred debt can still be collected and reported — just not successfully sued on if you raise the defense. Collectors may call, write, and report it, but cannot lawfully sue or threaten to sue once the limit has run.
The statute of limitations is an AFFIRMATIVE DEFENSE you must RAISE. Courts do not dismiss time-barred suits automatically — if you ignore a lawsuit, a default judgment can turn an expired debt into an enforceable one. Respond in writing and on time.
The deadline to be SUED (statute of limitations) is separate from how long a debt stays on your credit report (about 7 years under the FCRA). A debt can be too old to sue on yet still appear on your report.
The clock generally starts at default / last activity / the first missed payment — but the exact trigger varies by state and matters when partial payments are involved.
Which state's limit applies can depend on choice-of-law clauses and 'borrowing statutes' — it is not automatically your home state's period. Credit agreements often name a governing state (e.g. Delaware). Consult a local attorney.
Under the FDCPA and Regulation F it is ILLEGAL for a collector to sue or even threaten to sue on time-barred debt — exposing them to damages plus your attorney fees.
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