How Long Can a Debt Collector Pursue Old Debt?

Old debts can continue to haunt you, mostly in the form of a ringing phone as debt collectors try to get you to pay. The debt collection agency likely will tell you that you may end up in court over the debt.

The best way to stop calls related to an old debt is to pay it. If you can’t, there is a statute of limitations on when a debt collector can file a lawsuit to get the money. The time period of the statute depends on what state you live in and the type of debt. In most states, the statute doesn’t stop collection activities – your old debt still exists – it just ends the possibility of a lawsuit.

Knowing your rights when it comes to debt collection can ease the anxiety surrounding debt collection and protect you from unfair or unlawful practices.

What Is the Statute of Limitations on Debt Collection?

The definition of a statute of limitations is a “legal time limit.” When it comes to debt collection, it’s the legal time limit a collector has to file a lawsuit in an attempt to get you to pay the money you owe.

The debt collection statute of limitations doesn’t eliminate your debt and has nothing to do with how long an unpaid debt stays on your credit report. An unpaid debt will remain on your credit report for seven years, no matter what the statute of limitations is in your state.

States have their own statutes of limitations. While each state is different, the statute of limitations on debt collection is generally 3-10 years, depending on the type of debt, but can be as short as two years or as long as 20.

The statute usually applies to the state where the debt was incurred. So, if you move to a new state, the old state’s statute will apply, though other laws in the new state regarding debt collection will also apply. Check with your state’s consumer protection agency to find out how the laws relate to your debt. Some contracts specify which state’s statute of limitations apply to that debt, regardless of where you live.

How the Statute of Limitations Works

State laws differ on when the clock starts on the statute of limitations on debt collection. In some states, it’s the date of the first missed payment. In others, it’s the date of when the last payment was made.

You can also reset the clock, and the statute begins all over again. You may answer a debt collector call, even if you can’t pay and by the time you hang up, you’ve restarted the statute. It can happen even if the statute of limitations has already run out.

Some actions that may reset the time limit on a debt collection statute of limitations, depending on the state, are:

• Making a payment, even a partial one
• Acknowledging in writing or verbally that you owe the debt (this may even include apologizing for not paying)
• Agreeing, even casually on the phone, to pay in the future, or to a payment plan, whether you make a payment afterwards or not.

What Happens When Debt Exceeds the Statute of Limitations?

Once your debt is past the statute of limitations, it’s considered time-barred, which means the debt collector can’t file a lawsuit in order to get you to repay the debt.

Time-barred, however, doesn’t mean the debt can’t be revived. If you reset the clock on the statute of limitations, the debt is no longer time-barred.

Time-barred also means creditors can’t take action to garnish your wages, which requires a court order. In most states, though, a debt collector can still pursue non-judicial collection activities.

The Fair Debt Collection Practices Act (FDCPA) lays out rules that debt collectors must follow. This includes telling you the debt is time-barred if they are collecting on one that exceeded the statute of limitations.

Statutes of limitations are set by states and concern private debt. If you owe federal taxes or have unpaid federal student loans, the statute of limitations doesn’t apply. The federal government can continue to pursue those debts, and legal action, without a time limit.

Can a Debt Collector Still Contact You After the Statute Has Expired?

In three states – Mississippi, North Carolina, and Wisconsin – once the statute of limitations is reached, collection activities must stop. Everywhere else in the U.S., the debt collection agency can still pursue non-judicial collection.

If a debt collector contacts you about a debt after the statute of limitations has expired, they are required to inform you that the debt is time-barred.

What to do if a debt is past the statute of limitations depends on whether the debt is still being pursued, but it’s a good idea to prepare even if you’re not hearing from a debt collector.

Arm yourself by knowing the important dates: when the statute started and when it ended. You can get this information from your credit report (available for free from the three credit reporting agencies at annualcreditreport.com), as well as old bills or collection letters.

Having this documentation will be important if a debt collector still attempts to file a lawsuit. It’ll be up to you to prove that the debt is time-barred.

If a debt collector is still pursuing payment, you can ask them to stop contacting you through a cease communication letter.

This won’t erase the debt, but it will stop the phone calls.

The request must be in writing, by postal mail or email. The debt collector should have sent you a validation letter verifying the debt collection. This will have the postal address or an email contact.

Be careful not to do something that resets the clock, like acknowledging you owe the debt. You are just asking the debt collector to stop contacting you. Keep a copy of what you send.

The debt collector may respond with a compliant notice. They are allowed to tell you that there will be no further contact and that they or the creditor may take other actions they’re legally allowed to take.

After you request that they stop contacting you, a debt collector can’t threaten you, continue to contact you seeking payment of the debt, or file a lawsuit if the debt is time-barred. If you believe a debt collector is violating the law, contact your state’s attorney general’s office, which can advise you on the law in your state as well as provide resources for dealing with debt collections. You may also file complaints with the Federal Trade Commission and the Consumer Financial Protection Bureau.

What to Say in a Cease Communication Letter

A cease communication letter to a debt collector should be brief, to the point, and should not acknowledge that you owe the debt. A cease communication letter should include:

• Your name, address, and date.
• The debt collector’s name and address.
• The account number of the debt, if you have it.
• Information on what you’re responding to, as in: “I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on 2025. You identified the debt as [information they gave you about the debt]. “
• A brief, polite request to stop communication. For instance: “Please stop all communication with me and with this address about this debt.”
• End the letter politely. For instance: Thank you for your cooperation. Sincerely, [Your name]

How to Determine the Statute of Limitations in Your State

To determine the statute of limitations in your state, check out the website of your state’s attorney general’s office or find your state’s consumer protection agency. Most states have a page that will give you the information you need. If yours doesn’t, you can call the state attorney’s office and ask for information.

In general, four kinds of debt are covered by statutes of limitations, often with different time limits:

• Written contracts
• Oral agreements
• Promissory notes (a type of written contract that specifies how much money will be paid and when)
• Open-ended accounts (like credit cards).

The time limits vary widely, though most are 3-10 years. The shortest is California’s two-year statute for oral agreements. The longest statutes of limitations tend to be for promissory notes. It’s 10 years in many states, but in Maine, it’s 20.

To see resources for your state, find your state’s consumer protection website

What to Do If You’re Contacted About Old Debt

If you are contacted by a debt collector about an old debt, there are several steps you should take in order to protect yourself and your finances.

• Don’t admit to the debt, apologize for it, agree to a payment schedule, or make a payment until you confirm whether the debt is time-barred.
• Request debt validation in writing, which will include the start date of the unpaid debt, the name of the original creditor and contact information of the debt collector.
• Find all your old debt by reviewing your credit reports (available for free at annualcreditreport.com), going through bank statements, emails and any bills and letters you’ve kept, to determine the status of the debt being collected.
• Visit your state’s consumer protection webpage to determine what the statute of limitations is in your state and what starts the clock on it.
• If the information isn’t available on your state’s consumer website, visit the Consumer Financial Protection Bureau website to learn ways to deal with debt collectors.
• If you believe the debt collection isn’t legitimate or the debt collector is violating the law, consult a consumer attorney or credit counselor at a nonprofit credit counseling agency for help.
• Keep records of all communication with the debt collector and any legal or consumer agency that you contact, as well as any information you can find about the history of the debt and your payment history.

Can Debt Be Re-Aged or Resold?

There are some debt collection practices that you should keep an eye out for if you’re being pursued for an old debt.

Some debt collectors will illegally “re-age” an old debt. This means that they report an old debt as a new one to the credit reporting agencies, resetting the statute of limitations. Debt collectors may sell the debt to another collection agency, but the statute of limitations remains the same – a resold debt is still the same debt, with the same start date.

While debt collection agencies can’t reset the start time of the statute of limitations, you can, by making a payment, agreeing to a payment plan, or even acknowledging the debt, depending on your state’s debt collection laws. That’s why it’s important to understand the law in your state before engaging with a debt collector.

Another thing to understand is that there’s a difference between collection activity and legal enforcement. A debt collector pursuing you for a debt is a collection activity. If a court has ruled on how you will pay the debt, you must comply with that court ruling. The statute of limitations no longer applies.

Your Rights and Collection Laws

It’s easy to stumble into territory you’ll wish you hadn’t when dealing with debt collections. If you are taken to court for a debt that’s time-barred by the statute of limitations, it will be up to you to prove to the court that the lawsuit isn’t valid.

Knowing your rights and the law surrounding what a debt collector can and cannot do will help you to deal with your debt in a way that will cause the least damage to your finances and your mental health.

Review your state’s consumer protection laws regarding debt collection, and also understand the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA), both of which clearly set out your rights when it comes to debt collection.

If you need help, contact a counselor at a nonprofit credit counseling agency. They can help you understand your rights, as well as provide resources for dealing with debt. You can find an accredited agency through the National Foundation of Credit Counseling (NFCC).

If you are being taken to court for an old debt, whether it’s valid or not, you may want to seek legal counsel from an attorney experienced with consumer issues. Most states also have legal aid agencies that can help if you can’t afford an attorney.

FAQs

Can I be sued after the debt collection statute of limitations expires?

No. The statute of limitations on debt collection is specifically for lawsuits. Once the statute of limitations expires, a debt collector cannot sue you. In most states, however, they can still pursue collection by non-judicial means.

Will the debt disappear from my credit report at the same time?

No. Unpaid debt is not erased by a debt collection statute of limitations. Unpaid debt will remain on your credit report for seven years, no matter what the statute of limitations on debt collection is in your state.

Does the debt collection statute of limitations apply to federal student loans or taxes?

No. The debt you owe the federal government, including taxes and student loans, is not subject to debt collection statutes of limitations. The federal government can continue to pursue federal debts you owe, without a time limit, and seek payment through wage garnishment, withholding federal tax refunds, and more.

What happens if I move to a new state?

The statute of limitations on a debt usually applies to the state you lived in when the debt was incurred, unless the contract creating the debt specifies which state’s statute applies. Your new state’s laws, however, will apply to things like debt collector contact. Check with your new state’s consumer protection entity to find out what applies.

State Consumer Protection Websites