One of the strongest defenses in a credit card debt lawsuit is the statute of limitations.
The statute of limitations is the legal deadline for filing a lawsuit.
If the debt is too old, the case may be time-barred — meaning the creditor or debt buyer may not be allowed to sue.
What Is the Statute of Limitations?
The statute of limitations is a state law that limits how long a creditor has to file a lawsuit.
Once it expires, the creditor may still attempt to collect — but they may not be able to legally win in court.
When Does the Clock Start?
In many cases, the clock begins on the date of:
- your last payment
- your last account activity
- default (missed payment)
This varies by state and case type.
Can the Statute of Limitations Restart?
Yes. In many states, the statute of limitations may restart if you:
- make a payment
- agree in writing you owe the debt
- acknowledge the debt in certain ways
Be careful about making payments on old debt.
Statute of Limitations by State (General Reference)
Below is a general reference for credit card debt statutes of limitations. (Always confirm with local law.)
Common Statute of Limitations Ranges
- 3 years: some states
- 4 years: many states
- 6 years: common
- 10 years: some states
Some states treat credit card debt as written contracts, others as open accounts.
Why It Matters in Debt Buyer Lawsuits
Debt buyers frequently sue on old accounts. If the statute of limitations has expired, you may have a complete defense.
But you must raise it in your Answer — courts often won’t apply it automatically.
Bottom Line
If you are sued on a debt that is several years old, statute of limitations may be your best defense. But it must be asserted properly and quickly.
