State Statutes of Limitations for Debt Collection
A statute of limitations sets forth the maximum period of time, after the debtor becomes delinquent, that legal proceedings (law suits) can be initiated. After the times shown below, a court will throw out any lawsuit.
The type of debt affects the statute of limitations, too. Credit cards are usually considered to be “Open Accounts”. Auto loans and other installment-type agreements are considered “Written Contracts”.
Note: This table is for informational purposes only – it does not represent any form of legal advice. To act on a legal action, contact a lawyer and/or check with your state’s attorney general’s office
| LOCATION | STATUTE OF LIMITATIONS | STATE INTEREST RATE | BAD CHECK LAWS | GENERAL GARNISHMENT EXEMPTION | ||||
| UNITED STATES | Open Accounts Years | Contracts in Writing Years | Domestic Judgments | Foreign Judgments | Legal Rate | Judgment Rate | Civil Penalty | |
| ALABAMA | 3 | 6 | 20 | 20 | 6% | 12% | Greater of $10 or actual bank charges | 75% of wages are exempt from garnishment. |
| ALASKA | 6 | 6 | 10 | 10 | 6.25% | 6.25% or contractual | Damages in amount equal to $100 or triple the amount of the check whichever is greater (but no more than $1,000 over the amount of the check. | $1,750 per month for earning exemption. May be increased to $2,750 per month if qualified for head of household (no one else in household earning any money). |
| ARIZONA | 3 | 6 | 5 | 4 | 10% | 10% or contractual | Twice the amount of check. costs of suit. reasonable attorney fees. | See federal law. |
| ARKANSAS | 3(2 if medical) | 5(renewable) | 10(renewable) | 10(renewable) | 6% or 5 points above fed. discount rate | 5 points above the fed. discount rate | Twice amount of check – prior to double charge – can start out with $25 per NSF check after 30 days. | $500 head of family, $200 single. Include personal property except clothing. |
| CALIFORNIA | 4 | 4 | 10 | 10 | 10% | 10% or contractual | Amount due, treble damages – min $100 max $1,500 per check | See federal law, exemptions for necessaries of life. |
| COLORADO | 6 | 6 | 20 | 6 | 8% | 8% or contractual | Treble damages and reasonable attorney fees | See federal law. |
| CONNECTICUT | 6 | 6 | 20 | No prov | 8% | 10°1° (5% arising from hospital services) | Personal liability of signatory on corporate claims unless signed in corporate capacity Liability of drawer, if no account, equal to lesser of $750 or face amount For insuff. funds, lesser of $400 or face amount. | 25% of disposable earnings each week, or amount by which disposable earnings exceed 40xfed min. hourly wage, whichever is less. |
| DELAWARE | 3 | 3 | No prov. | No prov. | 6% or contractual | Legal rate or contract rate | N/A | Cannot exceed 15% of disposable earnings or reduce disposable earnings to less than $150 per week. |
| DISTRICT OF COLUMBIA | 3 | 3 | 3 | No prov. | 4% | 70% of interest rates on taxes to IRS. | Amount due – protest fees. | See federal law. DC government employees are now garnishable. |
| FLORIDA | 4 | 5 | 20 | 7 | 7% | 7% up to 18% if contractual | face value of the check plus $25 – $40 depending upon amount of check, or 5% of the value, whichever is greater. If suit required, after 30 day demand, treble amount in addition to amount owed, bank & court costs & reasonable attorney fees | FL has opted out of federal bankruptcy exemptions. 100% head of household. Liberal Homestead Exemption. Life insurance proceeds and/or cash value of policy, disability income, pension monies and retirement funds are exempt. |
| GEORGIA | 4 | 6 | 7 | 5 | 7% | Prime +3% | After 10 day written demand, double damages up to $500 and service charge of $25 or 5% whichever is greater. | See federal law. City, county and state employees may be garnished. |
| HAWAII | 6 | 6 | 10 | 6 | 10% | 10% | Damages equal to $100 or triple amount of check, not to exceed $500 | 95% of first $100, 90% of next 100$ and 80% of wages in excess of $200 per mo. of federal limits, whichever is greater |
| IDAHO | 4 | 5 | 6 | 6 | 12% | 7.125% | Triple amount of check (min. $100) up to $500 over the check amount | See federal law. |
| ILLINOIS | 5 | 10 | 20 | 5 | 5% | 9% | Triple check amount up to $1,500, attorney fees and court costs. Statute of limitations: 3 years. | 15% of gross wages or disposable earnings for work week up to 45 x fed. min. hourly wage, whichever is greater. |
| INDIANA | 6 | 10 – Executed before 9/1/826- Executed after 8/31/82 | 20 (10 real estate) | 10 | 8% or contractual | 8% or contractual | Triple check amount up to $500 over check amount + attorney fees & interest up to 18% per annum or triple check amount + attorney fees & interest at judgment rate & costs. | 75% of disposable earnings for work week or amount of 40x fed. min. hourly wage, whichever is greater. |
| IOWA | 5 | 10 | 20 | 20 | Legal floating rate per T-Bill | Legal floating rate per T-Bill | 537.2501G allows 5% of check or $20, whichever is greater. 625.22 allows for reasonable attorney fees. | See Iowa code Chapter 627. |
| KANSAS | 3 | 5 | 5(renewable) | 5(renewable) | 10% | 6.25% | Three times check amount not exceeding the check amount by $500 or $100 whichever is greater plus attorney fees & court costs plus amount of check. | See federal law. |
| KENTUCKY | 5 | 15 | 15 | 15 | 8% | 12% | N/A | 75% of disposable income or 30x fed. min hourly wage whichever is greater. |
| LOUISIANA | 3 | 10 | 10 | 10 | 6% | 6% | After 30 day written demand twice check at., atty fees & court costs | 75% of disposable earnings per work week, but not less than 30xfed min. hourly wage. |
| MAINE | 6 | 6 | 20 | 20 | T-BiLl+3% | T-BiLL+6% | Amount due, court costs, service costs and collection costs. | May garnish 25% of disposable income or the amount by which a debtor’s income exceeds the min. hourly wage (whichever is less). After judgment only. |
| MARYLAND | 3 | 3 | 12 | 12 | 6% | 10% or contractual | After 30 day written notice, amount due, $25 fee, twice check amount up to $1,000 (at the discretion of the court). Applies to COD sales only. | Greater of 75% of net wage or 30 x fed. min. wage. |
| MASSACHUSETTS | 6(UCC 4) | 6(UCC 4) | 20 | 20 | 12% | 12% | Amount due, costs of suit, protest fees Additional damages of $100 – $500 can be assessed. | $125/wk. |
| MICHIGAN | 6 | 6 | 10(renewable) | 10 | 5%(7% if in writing) | 1% over Treasury note or contractual Face amount of check plus twice the amount of checkor $100 per check, which-ever is greater plus costsof $250. | Face amount of check plus $100 per check, whichever is greater plus costs of $250. | See federal law. twice the amount of the check |
| MINNESOTA | 6 | 6 (UCC 4) | 10(renewable) | 10(renewable) | 6% | 4% | Face amount of check plus or $100 per check, whichever is greater, plus interest at the rate payable on judgments on `the face amount of the check plus reasonable attorney fees if aggregate amount of checks is written in 6 month period is over $1,250. | Greater of 75% disposable earnings or 40xfed. min. hourly wage |
| MISSISSIPPI | 3 | 3 | 7 | 7 (3 if resident) | 8% | Amount in contract | Up to and including $25, additional damages 100% $25.01 – $200 additional damages 50% but not less than $25. Over $200, 25% | See federal law. |
| MISSOURI | 5 | 10 | 10 | 10 | 9% | 9% | Three times face amount owed plus attorney’s fees. | See fed. law, exempt 90% of week’s net pay, head of household, single person without dependents 75%. |
| MONTANA | 5 | 8 | 10 | 10 | 10% | 10% | $100 min. or three times face value up to $500 plus face value of check and under UCC the value of the check plus $30 service charge per check. | See federal law. State law provides for executions. |
| NEBRASKA | 4 | 5 | 5 | 5 | 12% or contractual | 2% above T-Bill | $100 min. or three times face value up to $500 plus face value of check and under UCC the value of check plus $30 service charge per check. | Greater of 75% disposable earnings (85% if head of household) or 30 x fed. min. hourly wage. |
| NEVADA | 4 | 6 | 6 | 6 | Contractual or 2% over prime | Contractual or 2% over prime | Amount due, protest fees three times check amount not more than $500, or less than $100. | Wages no more than 25% of disposable earnings for each week or 30 x fed. min. hourly wage, whichever is less, except for support orders. |
| NEW HAMPSHIRE | 3 | 3 | 20 | 20 | 4% | Amount due, interest, court costs, reasonable atty. fees and $10 per business day (max. $500). | 50 x fed. min. hourly wage. All future wages are exempt so that the court cannot issue an ongoing order. | |
| NEW JERSEY | 6 | 6 | 20 | 20 | Up to 30% as per contract | 1% on judgments up to $15,000Over $15,000 an additional 2% isadded to interest rate | Face amount of check plus 3x face value, not to exceed $500. | $154.50/wk min – 10% of gross earnings $154.50 and over. |
| NEW MEXICO | 4 | 6 | 14 | 14 | 8.75% or contractual | Amount due, tripe damages up to $500 per check. Req. must be met. | Greater of 75% or amount each week equal to 40xfed min hourly wage. | |
| NEW YORK | 6 | 6 | 20 | 20 | 16% | 9% | Face value plus two times check amount up to a max of $400 on NSF or $750 on “no account” GEN-0B.1.1-104. | 90% of earnings except first $154.50 wk. wholly exempt (only if person earns min. wage) |
| NORTH CAROLINA | 3(UCC 4) | 3 | 10 | 10 | 8% | 8% | 30 day written demand lesser of $500 or three times check amount, but not less than $100 | 100% of last 60 day’s earnings for family support. Garnishment only by political subdivision for taxes, ambulance fee, etc. |
| NORTH DAKOTA | 6 | 6 | 10 | 10 | 6% | 12% | Amount due, collection fees of $25 and civil penalty by civil action for lesser of $200 or three times check. | 75% of disposable earnings for work week, or amount equal to 40xfed. min hourly wage, whichever is greater, plus $20 ea. dependant in household. |
| OHIO | 15 | 15 | 21(renew every 5) | 15 (Judgment line renew every 5) | 6% | 10% or contractual | The greater of $200 or three times the amount of the check and attorney fees (no max). | See federal law. State allows continuing garnishments. |
| OKLAHOMA | 3 | 5 (UCC 5) | 5 | 5 (renewable) | 6% or contractual | 5.63% | N/A | State law: 75% of earnings exempted more if hardship established. Al federal exemptions apply. |
| OREGON | 6 | 6 | 10 | 10 | Statutory + Judgment | 9% or contractual | Can recover reasonable attorney fees & statutory damages of three times the amount of the NSF check or $500 if demand letter is sent to debtor 30 days before suit is filed. | 75% of disposable earnings over and above minimum wage. |
| PENNSYLVANIA | 4 | 4 | 4 | 4 | 6% | 6% | N/A | 100% of wages, certain pensions retirement accounts & Kegoh plans under certain circumstances, and $300 |
| RHODE ISLAND | 10 | 10 | 20 | 20 | 12% | 12% | Amount of check, $25 fee and treble damage up to $1,000. | See federal law |
| SOUTH CAROLINA | 3 | 3 | 10 | 10 | 8.75% | 12% | Reasonable court costs, amount of check and damages up to $500 or three times check amount whichever is smaller. | Garnishment not available in SC. |
| SOUTH DAKOTA | 6 | 3 | 20 | 10 | 12% | 10% | N/A | 20% of disposable earnings for a continuing lien. |
| TENNESSEE | 6 | 6 | 10 | 10 | 10% | 10% or contractual | Amount of check, plus 10% interest and reasonable service charges, attorney fees & court costs, or treble damages up to $500 plus fees & costs. | See federal law. Add $2.50 per week for dependant child under 16. |
| TEXAS | 4 | 4 | 10 | 10 | 6-18% | 5.5% | N/A | 100% of wages |
| UTAH | 4 | 6 | 8 | 8 | 10% | 3.41% | Certified statutory bad check notice must be sent. Amount due, interest , court costs, reasonable attorney fees, plus damage equal or greater of $100 or three times check amount (not top exceed check amount plus $500). | $142.5 of disposable earnings for wages paid weekly |
| VERMONT | 6 | 6 | 8 | 8 | 12% | 12% | Court costs, amount of check, attorney fees, damage of $50 (notices required). | 75% of earnings above minimum wage or what is necessary to live. 85% if personal family or house held debt. |
| VIRGINIA | 3 | 5 | 20 | 10 | 8% | 9% or contractual | Lesser of $250 or three times check amount. | See federal law. |
| WASHINGTON | 6 | 6 | 10 | 10 | 12% | 12% | Interest rate specified in instrument or, if no specified rate, 12% interest plus collection costs up to $40. If taken to court, reasonable attorney fees, three times value or up to $800. Now have 6 years to enforce | Greater of 75% or $206/week (30xstate min. hourly wage) |
| WEST VIRGINIA | 5 | 10 | 10 | 10 | 6% or contractual (contract rate can vary between 18% and 31% max.) | 10% | Amount due, service charge up to $10. If check under $500 misdemeanor. Over $500, felony. | Withhold 20% of disposable income or 30x fed min hourly rate, whichever is less. Other exemptions apply. |
| WISCONSIN | 6 | 6 | 20 | 20 (or foreign if less) | 5% | 12% | Amount of check plus actual damages plus exemplary damages up to three times value of check. Limited to $300 | 80% of net pay. |
| WYOMING | Three times amount of check but not less than $100 plus collection fee of $30 | |||||||
| PUERTO RICO | See articles 1851 – 1856 of the Puerto Rico Penal Code | 75% of last 30 days’ earnings for family support. | ||||||
