Is your debt too old to sue on?

It is the deadline for a creditor or collector to sue you over a debt. Each state sets its own, usually between three and six years, and it often depends on the kind of agreement: credit card, written contract, oral agreement or promissory note.

Usually on the date you missed a payment and never caught up, or your last payment. The exact rule varies by state and by contract. If you aren’t sure of the date, your credit report shows the “date of first delinquency” for collection accounts.

Yes. The debt doesn’t disappear, so a collector can still ask you to pay. But under federal rules it can’t sue you or threaten to sue over a time-barred debt. If you’re sued on an old debt anyway, you have to raise the statute of limitations as a defense in court: the judge won’t do it for you.

In many states, yes. A partial payment or a written promise to pay can restart the time limit, giving the collector a new window to sue. A few states have banned that for consumer debts. Before paying anything on an old debt, check your state’s rule.

No. Credit reporting has its own federal limit: a collection account can stay on your report for about seven years from when the original account first went delinquent, whatever the state. A debt can be too old to sue on but still on your report, or the other way around.

Usually the law of the state where you are sued, which is normally where you live now. But many credit card agreements say another state’s law applies, and some states “borrow” a shorter limit from the state where the debt arose. If you are sued, this is worth asking a lawyer about.