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How Long Can Collectors Pursue Charged-Off Debt? (Statute Limits)

Written, Reviewed and Fact-Checked by The Credit People

Key Takeaway

Creditors can legally collect a charged-off debt for 3-10 years, depending on your state and debt type, but they can’t sue after the statute of limitations expires. The clock starts at your last payment or default-partial payments the debt the debt can restart it. Time-barred debts still hurt your credit for seven years. Always verify debt age and check your credit report to avoid unnecessary hassles.

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What Charged-Off Debt Really Means

Charged-off debt means your creditor gave up on collecting after you missed payments for months-usually around 180 days. They’ll mark it as a loss on their taxes, but here’s the kicker: you still owe every penny. It’s like your landlord saying, “Fine, I’ll stop calling,” but your unpaid rent doesn’t magically vanish. Creditors often sell charged-off debts to collectors who’ll hound you or even sue within the statute of limitations (check 'statute of limitations explained simply' for details). And yes, it’ll tank your credit score for up to seven years.

Don’t fall for the myth that charged-off = forgiven. You’re still legally on the hook. Collectors can garnish wages or seize tax refunds if they win a lawsuit. Some try to trick you into restarting the clock (see '5 sneaky ways debt collectors try to restart the clock'). The only upside? After the statute expires, they can’t sue-but they might still call. Ignoring it isn’t always safe; know your state’s rules ('state-by-state collection time limits').

Statute Of Limitations Explained Simply

A statute of limitations is the deadline creditors have to sue you for unpaid debt-once it passes, they can’t take you to court, but they might still bug you for payment. Each state sets its own time limits (usually 3–10 years), and it kicks in from your last payment or when you first defaulted. This matters because charged-off debt-even if labeled "uncollectible" by creditors-can still be legally pursued until that clock runs out. Don’t assume a debt disappears just because it’s old; the statute of limitations decides when lawsuits are off the table.

The length depends on your state, the debt type (credit card, medical bill, etc.), and whether you did anything to reset the clock, like making a payment. For example, if you owe $5,000 on a credit card in California, the 4-year limit starts the day you last paid. But if you send $20 years later? Boom-new countdown. Check 'state-by-state collection time limits' to know your window. Ignore this, and you might face a surprise lawsuit for a debt you thought was dead.

When The Statute Of Limitations Starts Ticking

The statute of limitations starts ticking the moment you miss a payment and default on your debt-usually 30+ days late-though the exact trigger depends on your state and the type of debt. For credit cards, it’s often the date of your last payment or last activity (like a charge or fee), while written contracts may use the date you first breached the agreement. Check your credit agreement for specifics-some lenders sneak in clauses that alter the start date.

Two big exceptions can reset the clock: making a partial payment or acknowledging the debt in writing (even a casual "I’ll pay when I can" text counts). Some states also pause the clock if you move away or declare bankruptcy. Don’t assume the timer restarts automatically-courts often require clear proof of a new agreement. For state-by-state rules, jump ahead 'state-by-state collection time limits'. Watch out for zombie debt collectors claiming you owe more time.

State-By-State Collection Time Limits

State-by-state collection time limits determine how long a creditor or debt collector can legally sue you for unpaid debt-and they vary wildly. Here’s the breakdown for all 50 states, plus D.C., so you know exactly where you stand.

Key Things to Know:

  • Written contracts (e.g., personal loans) and credit cards (often treated as open-ended accounts) have different limits.
  • Some states have shorter limits for oral agreements or medical debt.
  • Clock starts from your last payment or default (see 'when the statute of limitations starts ticking').

State-by-State Limits:

  • Alabama: 6 years (written contracts), 3 years (credit cards).
  • Alaska: 6 years (written contracts), 3 years (credit cards).
  • Arizona: 6 years (written contracts), 3 years (oral agreements). Credit cards: 6 years.
  • Arkansas: 5 years (written contracts), 3 years (oral). Credit cards: 5 years.
  • California: 4 years (written contracts), 2 years (oral). Credit cards: 4 years.
  • Colorado: 6 years (written contracts), 3 years (oral). Credit cards: 6 years.
  • Connecticut: 6 years (written contracts), 3 years (oral). Credit cards: 6 years.
  • Delaware: 3 years (written contracts), 3 years (oral). Credit cards: 4 years.
  • Florida: 5 years (written contracts), 4 years (oral). Credit cards: 5 years.
  • Georgia: 6 years (written contracts), 4 years (oral). Credit cards: 6 years.
  • Hawaii: 6 years (written contracts), 3 years (oral). Credit cards: 6 years.
  • Idaho: 5 years (written contracts), 4 years (oral). Credit cards: 5 years.
  • Illinois: 10 years (written contracts), 5 years (oral). Credit cards: 5 years.
  • Indiana: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Iowa: 10 years (written contracts), 5 years (oral). Credit cards: 5 years.
  • Kansas: 5 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • Kentucky: 10 years (written contracts), 5 years (oral). Credit cards: 5 years.
  • Louisiana: 10 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • Maine: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Maryland: 3 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • Massachusetts: 6 years (written contracts), 3 years (oral). Credit cards: 6 years.
  • Michigan: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Minnesota: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Mississippi: 3 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • Missouri: 10 years (written contracts), 5 years (oral). Credit cards: 5 years.
  • Montana: 8 years (written contracts), 5 years (oral). Credit cards: 5 years.
  • Nebraska: 5 years (written contracts), 4 years (oral). Credit cards: 4 years.
  • Nevada: 6 years (written contracts), 4 years (oral). Credit cards: 6 years.
  • New Hampshire: 3 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • New Jersey: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • New Mexico: 6 years (written contracts), 4 years (oral). Credit cards: 6 years.
  • New York: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • North Carolina: 3 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • North Dakota: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Ohio: 8 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Oklahoma: 5 years (written contracts), 3 years (oral). Credit cards: 5 years.
  • Oregon: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Pennsylvania: 4 years (written contracts), 4 years (oral). Credit cards: 4 years.
  • Rhode Island: 10 years (written contracts), 10 years (oral). Credit cards: 10 years (*ouch*).
  • South Carolina: 3 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • South Dakota: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Tennessee: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Texas: 4 years (written contracts), 4 years (oral). Credit cards: 4 years.
  • Utah: 6 years (written contracts), 4 years (oral). Credit cards: 6 years.
  • Vermont: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Virginia: 5 years (written contracts), 3 years (oral). Credit cards: 3 years.
  • Washington: 6 years (written contracts), 3 years (oral). Credit cards: 6 years.
  • West Virginia: 10 years (written contracts), 5 years (oral). Credit cards: 5 years.
  • Wisconsin: 6 years (written contracts), 6 years (oral). Credit cards: 6 years.
  • Wyoming: 10 years (written contracts), 8 years (oral). Credit cards: 8 years.
  • Washington D.C.: 3 years (written contracts), 3 years (oral). Credit cards: 3 years.

Watch out: If you move states, the rules might change-see 'does moving states change your debt timeline?' Also, collectors love to trick you into resetting the clock (check '5 sneaky ways debt collectors try to restart the clock').

3 Key Factors That Decide Collection Time

The time a charged-off debt can haunt you hinges on three things: your state’s laws, the debt type, and whether you accidentally reset the clock. First, state laws rule everything. Each state sets its own statute of limitations (SOL), ranging from 3 to 10 years. For example, credit card debt in California expires after 4 years, while Ohio gives creditors 6. Check your state’s SOL in 'state-by-state collection time limits'-it’s non-negotiable.

Second, the debt type matters. Written contracts (like personal loans) often have longer SOLs than oral agreements or open-ended accounts (like credit cards). Medical debt? That’s another category entirely. Creditors exploit this, so know your debt’s classification. A $5,000 credit card debt might expire faster than a $5,000 personal loan, even in the same state.

Third, your actions can reset the timer. Make a partial payment, admit the debt exists, or even agree to a payment plan? Boom-the SOL restarts in most states. Debt collectors bank on this (see '5 sneaky ways debt collectors try to restart the clock'). Stay silent, avoid payments, and keep records. Time’s on your side-if you let it be.

How Long Can Debt Collectors Sue?

Debt collectors can only sue you for unpaid debt within a specific time frame-called the "statute of limitations"-set by your state. Once this period ends, they lose the legal right to take you to court, but they might still bug you for payment. The clock usually starts ticking from your last payment or the date you defaulted, depending on state rules.

Time limits vary wildly: credit card debt often falls under "written contracts" (3–10 years), while medical debt or personal loans might have shorter or longer windows. For example, California gives collectors four years to sue on credit card debt, but Ohio allows six. Some states, like Mississippi, stretch it to seven years for certain debts. Always check your state's rules-this isn’t one-size-fits-all.

After the deadline passes, the debt becomes "time-barred," meaning collectors can’t win a lawsuit-but they might try anyway. If you’re sued, show up and argue the statute of limitations expired. Never admit the debt or make partial payments; that could restart the clock. For more on dodging zombie debt tricks, see '5 sneaky ways debt collectors try to restart the clock'.

What Happens When Debt Becomes Time-Barred

When debt becomes time-barred, collectors can’t sue you to force payment-but they might still harass you. The statute of limitations (SOL) expires, meaning the legal window for lawsuits closes. However, the debt doesn’t vanish. Collectors can still call, mail, or even report it to credit bureaus (though most stop after 7 years). Key takeaway: You owe the money, but courts won’t enforce it-*if* you assert the SOL as a defense if sued.

Here’s what changes:

  • No more lawsuits: If a collector sues after the SOL expires, you must show up in court and cite the time limit-otherwise, they might win by default (check 'what if you’re sued after the time limit?' for how to fight this).
  • Tactics shift: Expect more aggressive calls or settlement offers. Some collectors even try to trick you into restarting the clock (see '5 sneaky ways debt collectors try to restart the clock').
  • Credit impact: Time-barred debt can linger on your report for 7 years, hurting your score. But after that? It’s gone-unless you accidentally revive it.

Stay sharp: Never admit the debt is yours or make partial payments (even $5 resets the SOL in most states). If a collector contacts you, demand written proof and check your state’s SOL first. Ignoring them is safer than engaging-unless they sue. Then, lawyer up.

5 Sneaky Ways Debt Collectors Try To Restart The Clock

Debt collectors often use sneaky tactics to restart the statute of limitations clock, giving them more time to sue you. Here’s how they do it-and how to avoid falling into these traps.

1. Tricking You into a Partial Payment

They might call and say, “Just pay $20 to show goodwill.” But even a tiny payment resets the clock in most states. Never agree to pay without verifying the debt’s age first.

2. Getting You to Acknowledge the Debt

A collector asks, “Do you remember this debt?” Saying “yes” or signing anything can restart the timeline. Stay vague or demand written validation instead.

3. Offering a “New” Payment Plan

They’ll frame it as a fresh agreement, but agreeing to repay-even verbally-can legally restart the clock. Always get terms in writing and check your state’s rules.

4. Encouraging a New Charge on Old Debt

For credit cards, they might say, “Just make one small purchase to reactivate your account.” Don’t. This tactic treats the old debt as new, resetting the countdown.

5. Settling-Then Claiming You Owe More

They’ll accept a settlement but leave part of the debt “open.” Later, they’ll chase the rest, arguing the clock restarted. Get full settlement terms in writing.

Always verify the debt’s age and know your state’s laws. If you’re unsure, check 'statute of limitations explained simply' or consult a lawyer.

How Partial Payments Can Reset Collection Period

Making a partial payment on an old debt can restart the entire collection period, giving debt collectors a fresh chance to sue you. Here’s how it works: the statute of limitations-the time window creditors have to take legal action-resets in most states if you make any payment, even a tiny one. That $20 you sent to "show good faith"? It just woke up a sleeping giant. Now, the clock starts over, and collectors can pursue the full amount for years longer.

Why does this happen? Courts see partial payments as a tacit acknowledgment that you owe the debt. It doesn’t matter if the debt was days or decades old; that payment is treated like a new agreement to pay. Some states even reset the clock if you promise to pay (like over the phone) or sign a payment plan. The rules vary-check 'state-by-state collection time limits'-but the risk is universal. Debt collectors know this and might pressure you with "settlement offers" or "token payments" to trick you into resetting the timeline.

Never negotiate or pay a dime without confirming the debt’s age and your state’s laws. If the statute of limitations expired, even a "harmless" payment could undo that protection. See 'what if you’re sued after the time limit?' for how to defend yourself if they try.

What If You’Re Sued After The Time Limit?

If you’re sued after the statute of limitations expires, the lawsuit is invalid-but you must show up and prove it. Courts won’t dismiss the case automatically; they’ll assume the debt is valid unless you raise the time limit as a defense. The collector is betting you’ll ignore the summons, letting them win by default. Even a time-barred debt can turn into a legal judgment if you don’t act. Check your state’s deadline (see 'state-by-state collection time limits') and gather evidence like your last payment date or credit reports to prove the clock ran out.

First, file an answer with the court-don’t miss the deadline. Clearly state the statute of limitations has expired and attach proof (e.g., bank statements or a credit report showing the default date). If the collector argues you reset the clock (see 'how partial payments can reset collection period'), challenge their evidence. Never admit the debt is yours or agree to pay. If you’re unsure, consult a lawyer-many offer free debt defense consultations. Win this, and the case gets tossed. Lose, and you’re stuck with a judgment.

Can Old Debt Still Hurt Your Credit Score?

Yes, old debt can still hurt your credit score-even if it’s past the statute of limitations for lawsuits. Here’s how: charged-off accounts and collections stay on your credit report for seven years from the date of your first missed payment. During that time, they drag down your score by signaling risk to lenders. The older the debt, the less impact it has-but it doesn’t vanish until the clock runs out.

Key details:

  • Credit reporting ≠ legal collection. A debt can be "time-barred" (meaning collectors can’t sue you) but still appear on your report.
  • Recent activity hurts more. A 6-year-old charge-off affects your score less than a fresh one, but it still stings.
  • Payments can backfire. Settling an old debt won’t remove it from your report-and might even renew its visibility.

Check your credit report yearly. Dispute errors (like debts older than seven years) immediately. For strategies on handling zombie debts, see 'zombie debt: can it come back to haunt you?'.

Does Moving States Change Your Debt Timeline?

Yes, moving states can change your debt timeline-but it’s messy. The statute of limitations for debt collection depends on state law, and courts often use the rules of either your old state or new one, whichever is longest. For example, if you move from Texas (4-year limit)To California (4-year limit for written contracts), nothing changes. But if you move from TexasTo Rhode Island (10-year limit), collectors could suddenly have more time.. Creditors love this confusion, so check both states' laws.

Don’t assume the clock resets just because you moved. Courts usually follow your original agreement’s "choice of law" clause or apply the longer timeline. If sued, you must argue which state’s rules apply-another reason never ignore court papers. Need specifics? Review your contract or consult a lawyer. Next up: 'zombie debt' and how collectors revive dead debts.

Zombie Debt: Can It Come Back To Haunt You?

Yes, zombie debt can absolutely come back to haunt you-if you let it. Zombie debt is old, often time-barred debt that collectors try to revive by tricking you into acknowledging it or making a payment. Even if the statute of limitations has expired (meaning they can’t sue you), shady collectors might still harass you, hoping you’ll slip up. For example, they might call and say, "Just pay $20 to show good faith," but that tiny payment could reset the clock, making the debt legally collectible again. Don’t fall for it.

Here’s how to protect yourself: First, know your rights-debt collectors can’t legally sue you for time-barred debt, but they might try. If they contact you, demand written validation of the debt. Never admit it’s yours or agree to pay, even partially. Check your state’s statute of limitations in 'state-by-state collection time limits' to confirm the debt is truly dead. If they keep calling, send a cease-and-desist letter. And if you’re sued, show up in court and argue the debt is time-barred-don’t ignore it. For more on dodging collector tricks, see '5 sneaky ways debt collectors try to restart the clock'.

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