Budgeting Managing Your Debt What Can Restart the Debt Statute of Limitations? 6 Things That Can Bring Old Debt Back to Life By LaToya Irby LaToya Irby LaToya Irby is a credit expert who has been covering credit and debt management for The Balance for more than a dozen years. She's been quoted in USA Today, The Chicago Tribune, and the Associated Press, and her work has been cited in several books. learn about our editorial policies Updated on May 25, 2022 Reviewed by Margaret James Reviewed by Margaret James Peggy James is an expert in accounting, corporate finance, and personal finance. She is a certified public accountant who owns her own accounting firm, where she serves small businesses, nonprofits, solopreneurs, freelancers, and individuals. learn about our financial review board In This Article View All In This Article How Long Is the Statute of Limitations? What Can Restart the Statute of Limitations? Statute of Limitations and Credit Reporting Frequently Asked Questions (FAQs) Photo: David Sacks / Getty Images Each of your debts has a statute of limitations, which is the amount of time the creditor can use the court to force you to pay a debt. After the statute of limitations has expired on a debt, it is no longer legally enforceable—unless you restart the statute of limitations. Learn the ways statutes of limitations can be restarted, and how to avoid triggering these situations. How Long Is the Statute of Limitations? The specific statute of limitations will depend on the state in which you live, as well as the state in which you incurred the debt. It's best to consult an attorney who specializes in debt law in your area, but most states impose a statute of limitations of between three and six years. The clock on the statute of limitations period usually starts ticking on the date of the last activity on the account. It could be later than that, depending on the type of activity you've done most recently. The statute of limitations will continue to run as long as you don't take any action on your account. Note Even after the statute of limitations has been reached, creditors and collectors can still attempt to collect on old debts by calling you and sending letters. However, if you're sued for a past-due debt, the expired statute of limitations can be used as a defense in court to avoid a lawsuit judgment. What Can Restart the Statute of Limitations? Certain actions can restart the debt statute of limitations on a dormant account, even if it's done by accident. If you're hoping to reach the statute of limitations, it's important to know exactly what actions can give new life to old debt. In general, you revive the debt anytime you pay, agree to pay, or even acknowledge the debt account. Examples include: Making a payment for any amountEntering a payment planAccepting a settlement offerAgreeing to pay off some of the debtAcknowledging that you owe a debtMaking a new charge on the same account If the clock on the statute of limitations restarts, it starts back at zero, and it applies to the whole debt balance. This time reset gives the creditor or collector more time to use the court to force you to pay the debt. Note Proceed with caution when you're communicating with a creditor or debt collector about your debt. They may try to get you to say or do something that would restart the statute of limitations. If you're unwilling or unable to pay, sometimes it may be better to avoid speaking with creditors about a debt. Statute of Limitations and Credit Reporting The credit reporting time limit is generally independent of the statute of limitations. You can't rely on your credit report to keep up with the statute of limitations on your debt. Negative information can only remain on your credit report for seven years, and nothing can restart this period, not even a payment on the account. Credit reports also won't track any communication or verbal agreements you made with a creditor or debt collector. While the average statute of limitations is about six years or less, some states have much longer statutes of limitations. Depending on your state, some debts may fall off your credit report before the statute of limitations has expired. In other cases, debts may still be on your credit report after the statute of limitations has expired. Note You largely have to rely on your records to help you keep up with the statute of limitations on a debt. Keep track of the dates of payments and communications about your debts. That will help you be more aware of the timing of the statute of limitations. Some debt collectors may let you know that debt is beyond the statute of limitations and no longer legally enforceable. If they don't give you this information, you can ask. The debt collector isn't required to answer, but if they choose to answer, they're required to answer truthfully. This is a precarious conversation to have though—you must walk a fine line between asking about the debt and admitting you owe it. Frequently Asked Questions (FAQs) Are creditors required to notify me that the statute of limitations has restarted? You won't receive notification that the statute has restarted, but creditors who keep notes on your account may know that you've done something to restart the clock on your debt, even if they don't let you know right away. Does disputing a debt restart the statute of limitations? Disputing the debt means that you acknowledge it exists but claim that it's not accurate for one reason or another. You can restart the statute of limitations when you acknowledge the debt account. Can the statute of limitations vary by type of debt? Statutes of limitation vary by state law, and states can treat various types of accounts differently. Creditors have longer to sue to collect on written contracts in some states than they have to pursue credit card debts. Check your state's statutes to be sure where you stand with the particular debt you're concerned with. Was this page helpful? Thanks for your feedback! Tell us why! Other Submit Sources The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. Consumer Financial Protection Bureau. "What Is a Statute of Limitation on Debt?" Federal Trade Commission. "Time-Barred Debts." InCharge Debt Solutions. "What Is the Statute of Limitation on My Credit Card Debt?"