When the Debt Clock Starts
How long creditors have to sue, and what starts the clock in each state.
A debt deadline is not one fixed date for the whole country. It is a state rule that measures time from a specific starting event, and that starting event changes the answer more than the calendar year does. This page explains the three events courts use and why a single payment can reset the whole clock.
Three ways the clock can start
Most states begin the period from the date of default, which is usually the first missed payment on a credit-card or installment account. A second common trigger is the date of the last payment, so any voluntary payment can mark the beginning of a fresh window. A third trigger, used for open accounts, is the date of the last charge or last account activity. California, Florida, and Texas each allow four years on written and open-account debt, but they describe the trigger a little differently, so the same facts can produce a different remaining time depending on where the creditor files.
Credit cards are open accounts
A credit card is treated as an open account rather than a sealed written contract. That classification matters because the collection period runs from account activity, not from the day the card was issued. Florida applies four years under Fla. Stat. §95.11(3), and California applies four years under Cal. Civ. Proc. Code §337. New York is longer at six years under C.P.L.R. §213. A charge-off by the bank does not stop the state clock; it only changes how the bank reports the balance internally.
The federal law does not set the deadline
The Fair Debt Collection Practices Act regulates how collectors may contact you, but it does not create a state filing deadline and it does not pause or extend one. A creditor can still sue under state law even when a collector has violated the federal act. Treat the two as separate tracks: one controls conduct, the other controls the deadline.
Why a small payment matters
In several states, a partial payment or a clear written acknowledgment of the debt can restart the limitation period. That means a goodwill payment made years after default can unexpectedly give the creditor a new window to sue. Before making any payment on an old balance, check whether the state treats payment as a reset, and consider getting advice about the risk.
Example state comparison
- Florida — four years, trigger from last payment or default (Fla. Stat. §95.11(3)).
- California — four years, open-account rule (Cal. Civ. Proc. Code §337).
- Texas — four years, written and oral contracts alike (Tex. Civ. Prac. & Rem. Code §16.004).
- New York — six years, one of the longer periods (C.P.L.R. §213).
Source: state statutes, last reviewed in 2026. Verify with the current code before relying on any deadline.
Frequently Asked Questions
What is a statute of limitations?
It is the legal deadline to file a lawsuit. Once the time runs out, a court will normally dismiss the case even if the claim is valid. The policy is that old disputes are hard to defend because witnesses and records fade.
When does the clock start?
Usually the date of the harmful event, but many claims use a discovery rule that starts the clock when the harm is discovered or should have been discovered. State law controls the trigger, and some claims accrue only when the injury is found.
Can the deadline be extended?
Sometimes. Minors, incapacitated people, or defendants who leave the state may get extra time through tolling. The rules vary by state and claim type, and a few outer dates cannot be extended at all.
How long do I have to sue for debt in California?
California allows four years on most written and open-account debt under Cal. Civ. Proc. Code §337. The period generally runs from the last payment or default, not from when the account was opened, so a recent payment can matter.
What is the statute of limitations for credit card debt in Florida?
Florida allows four years on credit-card and open-account debt under Fla. Stat. §95.11(3). The clock usually starts from the last charge, last payment, or default on the account.
What is the personal injury limit in New York?
New York allows three years for personal injury under C.P.L.R. §214, measured from the date of the injury. Medical malpractice is shorter at two years and six months under §214-a, counted from the act or the end of treatment.
How long is the written contract limit in Texas?
Texas allows four years on written contracts under Tex. Civ. Prac. & Rem. Code §16.004, and the same four years on most oral contracts. The period runs from the breach, not from when the contract was signed, so a long relationship can still be enforced for years after it ends.
Is the deadline the same in every state?
No. Each state writes its own civil practice code, so the same claim can range from one year to fifteen depending on where it is filed. That state-by-state difference is why a single national number does not exist and a comparison table is the practical reference.
Does this table give legal advice?
No. StatuteLimits is a reference only. Confirm the current deadline with the state code or a licensed attorney before relying on any number, because local exceptions and court rules can change the answer.