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Statutes of Limitations Explained: How Long You Have to Sue

Updated October 21, 2026 · By the VeriAdvisor editors

A statute of limitations is a deadline set by law for filing a lawsuit. Miss it and the other side can ask the court to dismiss your case no matter how strong it is. The rule exists so that evidence does not go stale and so that people are not threatened with claims indefinitely. For ordinary people, the deadline matters in two directions: it limits how long you have to sue someone who wronged you, and it can protect you when an old debt resurfaces. This guide is general information, not legal advice. Deadlines depend on the type of claim, the state, and the facts, and exceptions are common, so confirm your situation with a lawyer or legal aid office.

There is no single federal deadline

Most statutes of limitations come from state law, and a state sets different periods for different kinds of claims. Federal law adds a few of its own. The Fair Debt Collection Practices Act, for example, gives you one year from the date of a violation to sue a debt collector (15 U.S.C. 1692k(d)). But there is no federal statute of limitations on whether a debt can be collected by suing; that depends on state law. That is why two people with identical credit card balances can face different deadlines depending on where the account is governed.

Typical periods in five states

The table shows commonly applied periods. These are summaries of the main statutes; special categories and recent amendments exist, so use them as a starting point rather than a final answer.

Look up the period for your state and claim type with the statute of limitations by state calculator. For injury claims specifically, see the personal injury statute of limitations calculator.

When does the clock start?

The general rule is that the period begins when the claim "accrues," meaning when you could first have filed suit. What that means in practice varies:

• Debts: Usually from the date of the default, often the first missed payment that was never made up, or the last payment, depending on state law. On installment loans each missed payment can start its own clock.
• Breach of contract: From the date of the breach, not from the date you signed.
• Injuries: From the date of the injury. Many states apply a "discovery rule" for harm that could not reasonably have been known at the time, such as a surgical instrument left inside the body. Medical negligence often has its own shorter or special rules.
• Property damage: Typically the date of the damage; periods are sometimes different from personal injury.

An example with invented dates: A credit card holder in Texas makes her last payment on March 1, 2022 and defaults when the April payment is missed. Texas treats debt actions under a four-year period, so a creditor would generally have until about April 2026 to sue, subject to the exceptions below. A suit filed in 2027 would be vulnerable to a limitations defense.

Clock-stopping exceptions (tolling)

The period can be paused or extended in specific circumstances. Common ones include:

• Minority: For a child, the clock often does not start until age 18, with some limits for medical claims.
• Mental incapacity: Many states pause the clock for a person who cannot understand their legal rights.
• Defendant absent from the state or hiding: Some states toll the period while the defendant cannot be served.
• Bankruptcy: An automatic stay can pause collection and other suits during the case.
• Military service: The Servicemembers Civil Relief Act can toll deadlines for those on active duty.
• Agreements: Parties can sometimes sign a written tolling agreement, usually to allow negotiation.

Shorter deadlines you may not expect

Statutes of limitations get the attention, but other deadlines can be much shorter and are just as strict:

• Claims against government entities: California generally requires a written claim to a public entity within six months for injury or property damage (Government Code 911.2). New York requires a notice of claim within 90 days for many claims against municipalities (General Municipal Law 50-e). Texas and Florida also have notice requirements. Our government tort claim notice deadline calculator can help.
• Contract clauses: Texas does not let parties shorten the period below two years (CPRC 16.070), but other states are more flexible about contractual limits in leases, warranties and insurance policies.
• Administrative claims: Employment discrimination charges, workers' compensation and benefit appeals often have deadlines measured in months.

Old debts: the clock, payments and "zombie" collection

When a debt is past the statute of limitations it is called time-barred. It does not vanish. A collector may still ask you to pay it, and it may stay on your credit report for the usual reporting period, which is separate from the limitations period. What changes is that the collector generally cannot win a lawsuit if you raise the defense.

Federal rules reinforce this. Under Regulation F, 12 CFR 1006.26(b), a debt collector must not bring or threaten to bring a legal action to collect a time-barred debt. Violations can be reported to the CFPB, and a collector that violates the rule can be sued under the Fair Debt Collection Practices Act. Our guide to debt collector rights under the FDCPA covers these protections more broadly, and the debt statute of limitations calculator helps estimate the date.

Two traps deserve emphasis:

1. The defense is not automatic. A limitations period is an "affirmative defense": if you are sued and do not respond, the court may enter a default judgment even on a time-barred debt. Always respond to a summons by the deadline stated in it, and raise the statute of limitations in your answer.
2. Restarting the clock. In many states, a written acknowledgment of the debt, a promise to pay, or sometimes even a partial payment can restart the period. Texas requires a signed writing for acknowledgment, and New York's CPLR 214-i says a payment or acknowledgment after the period has run does not revive a consumer credit claim. Other states, including California, have their own acknowledgment rules. Before you make any payment on an old account, find out whether it could restart the clock, and ask for the debt to be validated in writing first.

Choice-of-law clauses

Credit card and loan agreements often say the contract is governed by the law of a particular state, which may not be where you live. Courts apply that clause in some situations but not others, and many states have borrowing statutes that apply the shorter of two states' periods. If a debt buyer sues you in another state's law, ask a legal aid office which deadline applies.

Counting the days correctly

Small counting mistakes cause real losses. Most states exclude the day of the event and include the last day, and many extend a deadline that lands on a weekend or court holiday to the next business day, but not all do, and not all deadlines are treated the same way. A period of "two years" usually ends on the second anniversary of the event, and "six months" ends on the same date six months later. Filing generally means the court clerk has received the complaint and the fee (or an approved fee waiver); mailing it on the last day may not be enough. Electronic filing systems stamp the time, so aim to file days early. After filing you must still serve the defendant, and some states require service within a set number of days, so a filed case can still be dismissed for slow service.

What to do if the deadline is close

1. Write down the key dates. Date of the injury, breach, last payment or last communication.
2. Identify the correct period. Use the statute for the specific claim type, not a general guess.
3. File rather than negotiate. Settlement talks do not pause the clock unless a written tolling agreement says so. If a deadline is near, filing the lawsuit protects your rights and you can still settle afterward.
4. Calculate carefully. Some statutes count from the date of the event, and weekends or holidays on the last day may extend the deadline. Confirm with the clerk or a lawyer rather than assuming.
5. Get advice quickly. A free consultation with a lawyer or a legal aid office costs little compared with a lost claim.

When a lawyer or legal aid office can help

Limitations questions look simple but turn on details: which cause of action applies, when it accrued, whether tolling applies and whether a shorter notice requirement came first. If your claim involves a government entity, medical care, a minor, or a large amount, consult a licensed attorney in your state promptly. For lower income households, legal aid organizations (found through your state bar or LawHelp.org) can often advise at no cost. This article is general information and does not replace legal advice.

Sources

• 15 U.S.C. 1692k, FDCPA civil liability and one-year limitation
• 12 CFR 1006.26, Collection of time-barred debts (CFPB)
• Texas Civil Practice and Remedies Code, Chapter 16
• California Legislative Information (CCP 335.1, 337; Government Code 911.2)
• New York DFS, Consumer Credit Fairness Act guidance
• King & Spalding, Florida HB 837 summary

General legal information, not legal advice. Laws differ by state and change often. Check the official sources linked above, and talk to a licensed attorney or your local legal aid office before you act. Spotted a mistake? Email huhuwen09@gmail.com with the page address and we will check and correct it.