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Debt collection glossary

What is the statute of limitations on debt?

The time period, set by state law, within which a creditor or collector may sue to collect a debt. After it runs, the debt is time-barred.

Definition

The statute of limitations on debt is the period set by state law during which a creditor or collector may file a lawsuit to collect. It typically runs three to six years from the last payment or default, varying by state and by whether the debt is based on a written contract, oral agreement, promissory note, or open account. When the period expires the debt is time-barred: it is still owed, but it cannot be enforced in court.

Collecting time-barred debt is lawful in most states but heavily regulated. Suing or threatening to sue on it is an FDCPA violation. Several states require specific disclosures when collecting it, and some prohibit collection entirely. In many states, a partial payment or written acknowledgment can revive the statute, restarting the clock, which is why disclosure matters.

Example

A $900 retail card debt in Texas (4-year statute) last paid in 2021 becomes time-barred in 2025. A collector may still request payment, with the required disclosure that it cannot sue, but may not threaten litigation or report the debt once it is also past the 7-year credit reporting limit.

How HL Hunt handles it

HL Hunt calculates the statute per account using state, debt type, and last-activity date, flags time-barred accounts, inserts required state disclosures automatically, blocks litigation language and legal referral, and in states that prohibit collection, suppresses outreach entirely.

Frequently asked questions

Can a collector contact me about time-barred debt?

In most states yes, with required disclosures and without threatening suit. A few states prohibit it. HL Hunt applies the rule for each state.

Does making a payment restart the statute of limitations?

In many states, yes. Reg F and several states require collectors to disclose this. HL Hunt includes the disclosure where required.

Is the statute of limitations the same as the credit reporting limit?

No. Credit reporting is limited to seven years by the FCRA regardless of state. The statute of limitations governs lawsuits and varies by state.

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