Debts that are past the statute of limitations maybe uncollectable, unreportable or capable of simple resolution. You do not have to deal with an abusive debt collector or old debts lingering on your credit report, you may be able to eliminate these problems under fair debt laws and fair credit laws. In some situations you may even be able to sue the company violating your consumer financial rights.
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Use the Statute of Limitations listed below to determine your
state's debt collection time limits!
Up Alabama
Statutes of Limitations
Contracts under seal: 10 years, (A.C. 6-2-33)
Contracts
not under seal; actions on account stated and for detention of personal
property or conversion: 6 years (A.C. 6-2-34)
Sale of goods under the
UCC: 4 years (A.C. 7 -2- 725)
Open accounts: 3 years (A.C.
6-2-37)
Actions to recover charges by a common carrier and negligence
actions; 2 years, (A.C. 6-2-38)
Actions based on fraud: 2 years (A.C.
6-2-3)
Up Alaska
Statutes of Limitations
Action on a sealed instrument: 10 years (A.S.
09.10.40)
Action to recover real property: 10 years (A.S.
09.10.30)
Action upon written contract: 3 years (A.S. 09.10.55) Note:
prior to 8/7/97 -the statute of limitations for written contracts was six
years.
Action upon contract for sale: 4 years (A.S. 45.02.725) However,
limitations by agreements may be reduced, but not less than one year (A.S.
45.02.725).
Up Arizona
Statutes of Limitation
Written contracts: 6 years, runs from date creditor could have
sued account.
Oral debts, stated or opens accounts: 3
years.
Actions for fraud or mistake: 3 years from the date of the
discovery of the fraud or mistake.
Actions involving fiduciary bonds,
out of state instruments and foreign judgments: 4 years. NOTE: Arizona applies
its own statute of limitations to foreign judgments rather than that of the
state that originally rendered the judgment whether the judgment is being
domesticated under the Uniform Enforcement of Foreign Judgments Act or pursuant
to a separate action on the foreign judgment.
An Arizona judgment must
be renewed within five years of the date of the judgment.
Up Arkansas
Statutes of Limitations
Written contracts: 5 years, NOTE: Partial payment or written
acknowledgement of default stoppeds this statute of limitations. (A.C.A.
16-56-111)
Contracts not in writing: 3 years, (A.C.A. 16-
56-105)
Breach of any contract for the sale of goods covered by the UCC:
4 years, (A.C.A. 4-2- 725)
Medical debts: 2 years from date services
were performed or provided or from the date of the most recent partial payment
for the services, whichever is later. (A.C.A.
§16-56-106)
Negligence actions: 3 years after the cause of action.
(A.C.A. § 16-56-105)
Up California
Statutes of Limitation
Written agreements: 4 years, calculated from the date of
breach.
Oral agreements: 2 years.
The statute of limitation is
stopped only if the debtor makes a payment on the account after the expiration
of the applicable limitations period.
Up Colorado
Statutes of Limitation
Domestic and foreign judgments: 6 years and renewable each six
years. Note: If for child support, maintenance or arrears the judgment (lien)
stays in effect for the life the judgment without the necessity of renewal
every six years.
All contract actions, including personal contracts and
actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided
in 13-80-103.5; All claims under the Uniform Consumer Credit Code, except
sections 5-5-201(5); All actions to recover, detain or convert goods or
chattels, except as otherwise provided in section 13
-80-103.5.
Liquidated debt and unliquidated determinable amount of money
due; Enforcement of instrument securing the payment of or evidencing any debt;
Action to recover the possession of secured personal property; Arrears of rent:
6 years, (C.R.S. 13-80-103.5)
Up Connecticut
Statutes of Limitation
Written contact, or on a simple or implied contract: 6 years,
(CGS 52-576)
Oral contract, including any agreement wherein the party
being charged has not signed a note or memorandum: 3 years, (CGS § 52-
581)
Up Delaware
Statutes of Limitation
General contracts: 3 years;
Sales under the UCC: 4
years
Notes 6 years;
Miscellaneous documents under seal: No
limitation.
Up District of
Columbia Statutes of Limitation
Contract, open account or credit card account: 3 years from the
date of last payment or last charge. NOTE: An oral promise to pay re-starts the
three years.
Contracts under seal: 12 years.
UCC Sales of Goods:
4 years.
Up Florida
Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5
years. F.S. 95.11.
Libel, slander, or unpaid wages: 2
years.
Judgments: 20 years total and to be a lien on any real property,
it has to be re-recorded for a second time at 10 years.
The limitations
period begins from the date the last element of the cause of action occurred,
(95.051). NOTE: The limitation period is tolled (stopped) for any period during
which the debtor is absent from the state and each time a voluntary payment is
made on a debt arising from a written instrument.
Almost all other
actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
Up Georgia
Statutes of Limitation
Breach of any contract for sale: 4 years, (OCGA 11-2- 725)
NOTE: Parties may reduce limitation to not less than one year, but not extend
it. A cause of action accrues when the breach occurs, regardless of the
aggrieved party's lack of knowledge of the breach.
Contract, including
breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties
may reduce the period to one year.
Written contract: 6 years from when
it becomes due and payable and the six (6) year period runs from the date of
last payment. (OCGA 9-3-24)
Open account; implied promise or
undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing
acknowledging the debt, does not stopped the statute. Therefore, the statutory
period runs from the date of default, not the date of last
payment.
Bonds or other instruments under seal, 20 years, (OCGA 9-3-23)
NOTE: No instrument is considered under seal unless it’s stated in the
body of the instrument.
Up Hawaii
Statutes of Limitation
Breach of contract for sale under the UCC: 4
years.
Contract, obligation or liability: 6 years.
Judgments: 10
years, renewable if an extension is sought during the 10 years.
NOTE:
The time limitation stopped during the time of a person's absence from the
state or during the time that an action is stayed by injunction of any court.
Up Idaho
Statutes of Limitation
Breach of contract for sale under the UCC: 4
years.
Written contract or liability: 5 years.
Contract or
liability that is not written: 4 years. NOTE: The time period begins as of the
date of the last item, typically a payment or a charge under a credit card
agreement. A written acknowledgement or new promise signed by the debtor is
sufficient evidence to cause the relevant statute of limitations to begin
running anew. Any payment of principal or interest is equivalent to a new
promise in writing to pay the residue of the debt.
Judgments: 5 years
but may be renewed for another five-year period. NOTE: An independent action on
a judgment of any court of the United States must be brought within 6
years.
The time limitation for the commencement of any action is tolled
during the time of a person's absence from the state or during the time that an
action is stayed by injunction or by statutory prohibition action.
Up Illinois
Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
Open
account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS
5/2- 725 (UCC), actions based on a written contract must be filed within 10
years, but if a payment or new written promise to pay is in made during the 10
year period, then the action may be commenced within 10 years after the date of
the payment or promise to pay.
Domestic judgments: 20 years, but can be
renewed during that 20-year period.
Foreign judgments are the same time
as allowed by the laws of the foreign jurisdiction.
Tolling: A person's
absence from the state or during the time that an action is stayed by
injunction, court order or by statutory prohibition tolls the time
limit.
Non Sufficient Funds (NSF or Payment of Negotiable Instruments)
checks: 3 years of the dishonor of the draft or 10 years after the date of the
draft, whichever expired first: 810 ILCS 5/3-118
Up Indiana
Statutes of Limitation
Breach of contract for sale under UCC: 4
years.
Unwritten accounts or contracts and promissory notes or written
contracts for payment of money executed after August 31, 1982: 6
years.
Written contracts unrelated to the payment of money: 10
years.
Written acknowledgement or new promise signed by the debtor, or
any voluntary payment on a debt, is sufficient evidence to cause the relevant
statute of limitations to begin running anew.
Judgments: 10 years unless
renewed.
Up Iowa Statutes
of Limitation
Open account: 5 years from last charge, payment, or admission
of debt in writing. Unwritten contracts: 5 years from breach.
Written
contracts: 10 years from breach.
Demand note: 10 years from date of
note.
Judgments: 20 years. However, an action brought on a judgment
after nine years but not more than ten years can be brought to renew the
judgment.
NOTE: Deficiency judgments on most residential foreclosures,
and judgments on mortgage notes become essentially worthless two years from
date of judgment.
Up Kansas
Statutes of Limitation
Written agreement, contract or promise: 5
years.
Expressed or implied but not written contracts, obligations or
liabilities: 3 years.
Relief on the grounds of fraud: 2 years.
Up Kentucky
Statutes of Limitation
Recovery of real property: 15 years (KRS 413.0
10).
Judgment, contract or bond: 15 years (KRS 413.110).
Breach
of sales contract: 4 years (KRS 355.2- 725).
Contract not in writing: 5
years (KRS413.120). NOTE: Action for liability created by statute when no there
is no time fixed by statute: 5 years (KRS413.120).
Action on check,
draft or bill of exchange: 5 years (KRS 413.120).
Action for fraud or
mistake: 5 years (KRS 413.120).
Actions not provided for by statute: 10
years (KRS 413.160).
Up Louisiana
Statutes of Limitation
Contracts: 10 years.
Open accounts: 3
years.
Lawsuits, which are filed but not pursued, become null three
years after the last action taken.
Judgment: 10 years, and if not
renewed within the ten years become a nullity.
Up Maine
Statutes of Limitation
Generally all civil actions must be commenced within 6 years
after the cause of action accrues. (14 M.R.S.A. 752)
The primary
exception is for liabilities under seal, promissory notes signed in the
presence of an attesting witness, or on the bills, notes or other evidences of
debt issued by a bank, in which case, the limitation is twenty (20) years after
the cause of action accrues. (14 M.R.S.A. 751)
Judgments are presumed
paid after twenty (20) years. (14 M.R.S.A. 864)
Up Maryland
Statutes of Limitation
Civil action: 3 years from the date it accrues,
unless:
Breach of contract under any sale of goods and services under
the UCC: 4 years after the cause of action, even if the aggrieved party is
unaware of the breach.
Promissory notes or instruments under seal,
bonds, judgments, recognizance, contracts under seal, or other specialties: 12
years.
Financing statement: 12 years, unless a continuation statement is
filed by a secured party six (6) months prior to end of twelve (12) year
period. (Maryland, Commercial Law article Sec. 2-725; Courts & Judicial
Proceedings Article Sec. 5-101-02, 9-403).
NOTE: The 3 year statute of
limitations begins again if creditors can document that a debtor has reaffirmed
a debt by a good faith basis by a written agreement, orally, or by payment.
Up Massachusetts
Statutes of Limitation
Debt instruments issued by banks, Contract under seal: 20
years.
Judgments: 20 Years.
Oral or Written Contracts: 6
Years.
Consumer Protection Actions: 4 Years.
Recovery of
Property: 3 Years.
Probate Claims: 1 Year from date of
death.
Claims on mortgage notes following foreclosure or on claims
junior to a foreclosed mortgage: 2 Years.
Up Michigan
Statutes of Limitation
Breach of Contract: 6 years, (MCL 600.5807(8).
Breach of
Contract for Sale of goods under the UCC: 4 years: including deficiency actions
following repossession and sale of goods subject to a security interest, (MCL
440.2725(1).
Judgments: 10 years, but are renewable by action for
another 10 years, MCL.600.5809(3).
NOTE: Another state's limitation
period may apply check statutes carefully.
Up Minnesota
Statutes of Limitation
Breach of contract for sale under the UCC: 4 years, (MSA
336.2.).
NOTE: Except where the Uniform Commercial Code otherwise
prescribes, actions based on a contract or other obligation, express or
implied, must be brought within 6 years after the cause of action occurred
(Chapter 541).
Tolling: New written acknowledgement or payment tolls the
statute of limitations for the debt.
Judgments: 10 years.
Up Mississippi
Statutes of Limitation
Contracts and Promissory Notes: 3 years (MCA 75-3-118,
75-2-725, and 15-1-49).
Open Accounts: 3 years from the date at which
time the items on the account became due and payable,(MCA 15-1-29 & MCA
15-1-31).
Judgment liens on real estate: 7 years, but can be renewed by
filing suit to renew judgment prior to expiration of 7th year, (MCA
15-1-47).
Deficiency claims: 1 year from sale of collateral, (MCA
15-1-23)
Enforcement of construction liens: 1 year from date lien is
filed, (MCA 85- 7-141)
Up Missouri
Statutes of Limitation
Written agreement that contemplates the payment of money or
property: 10 Years, (Mo.Rev. Stat. §5l6.ll 0). NOTE: Under certain
circumstances, the contractual statute of limitations may be reduced to five
years.
Open accounts: 5 years, (Mo. Rev. Stat.
§5l6.l20).
Sale of goods under the UCC: 4 years. NOTE: The statute
begins to run from the date when the breach occurred for contracts and from the
time of the last item in the account on the debtor's side for actions on
accounts.
Up Montana
Statutes of Limitation (MCA Title 27, Chapter 2)
Written contract, obligation or liability: 8
years.
Contract, account or promise that is not based on a written
instrument: 5 years.
Montana obligation on to provide a certain level of
support for a spouse, child or indigent parent: 2 years.
Obligation or
liability, other than a contract, account or promise not based on a written
instrument: 3 years.
Relief on the grounds of fraud or mistake: 2
years.
NOTE: A written acknowledgement signed by the debtor or any
payment on a debt is sufficient evidence to cause the relevant statute of
limitations to begin running anew.
Judgment or decree of any U.S. court:
10 years. NOTE: Judgments rendered in a court not of record: 6 years.
Up Nebraska
Statutes of Limitation
Real estate or foreclosure mortgage actions; product liability;
10 years.
Foreign judgments, contract or promise in writing, express or
implied: 5 Years.
Unwritten contract, express or implied; Recovery of
personal property; Relief on grounds of fraud; breach of contract for sale of
goods; and open account: 4 years.
Liability created by federal statute
with no other limitation: 3 years. Malpractice: 2 Years.
NOTE: SoL can
be interrupted by partial payment or written acknowledgement of debt. The
statute starts to run anew from the date of the partial payment or written
acknowledgement, (Neb. Rev. Stat. §25-216)
NOTE: Actions on breach
of contract for sale may be reduced to not less than one year.
Up Nevada
Statutes of limitation
Written contract: 6 years.
Verbal contract: 4
years.
Property damage: 3 years.
Personal injury: 2 years.
Up New Hampshire
Statutes of Limitation
Contracts and open accounts: 3 years, (RSA
508:4).
Contracts for the sale of goods under UCC: 4 years, (RSA 382-A:
2- 725).
Notes, defined as negotiable instruments: 6 years (RSA 382-A:
3-118)
Judgments, recognizance, and contracts under seal: 20 years (RSA
508:5)
Notes secured by a mortgage: 20 years and applies even if the
mortgage has been foreclosed, (RSA 508:6).
Tolling: Payment on an
account tolls the statute.
NOTE: Installment loans allow for separate
measurement of the statutory period as each separate payment comes due, unless
the loan has been accelerated.
Up New Jersey
Statutes of Limitation
Conversion of an instrument for money: 3 years, (N.J.S.A.12A:
3-118(g)).
Sale of goods under the UCC: 4-years, (N.J.S.A. 12A;
2-725).
Real or personal property damage, recovery and contracts not
under seal: 6 years (N.J.S.A. 2A: 14-1).
Demand Notes when no demand is
made: 10 years. If demand made: 6 years from date of demand, (12A:
3-118(b)).
Obligations under seal for the payment of money only, except
bank, merchant, finance company or other financial institution: 16 years,
(N.J.S.A. 2A: 14-4) actions for unpaid rent if lease agreement is under seal,
(N.J.S.A. 2A: 14-4).
Real estate: 20 years, (N.J.S.A. 2A: 14-7);
Judgments: 20 years, renewable, (2A: 14-5); Foreign judgments: 20 years (unless
period in originating jurisdiction is less), (2A: 14- 5).
Unaccepted
drafts: 3 years from date of dishonor or 10 years from date of draft, whichever
expires first, (12A: 3- 118(c)).
Up New Mexico
Statutes of Limitation
Contract in writing: 6 years (except any contract for the sale
of personal property is 4 years or the last payment, whichever is
later).
All other creditor-debtor transactions are 4 years after accrual
of the right to sue.
NOTE 1: An action accrues on the first date on
which the creditor can sue for a breach or for relief, generally from the last
purchase or the last payment.
NOTE 2: If the limitations period has
expired, an acknowledgment or payment starts the period running
again.
Judgments: 14 years.
Up New York
Statutes of Limitation
N. Y. Civil Practice Law and Rules: Chapter Eight of the
Consolidated Laws, Article 2 - Limitations of Time:
211. Actions to be commenced within twenty years. (a) On a
bond. (b) On a money judgment. (c) By state for real property. (d) By grantee
of state for real property. (e) For support, alimony or maintenance.
212. Actions to be commenced within ten years. (a) Possession
necessary to recover real property. (b) Annulment of letters patent. (c) To
redeem from a mortgage.
213. Actions to be commenced within six years: where
not otherwise provided for; on contract; on sealed instrument; on bond
or note, and mortgage upon real property; by state based on misappropriation of
public property; based on mistake; by corporation against director, officer or
stockholder; based on fraud.
213-a. Actions to be commenced within four years; residential
rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years: for non-
payment of money collected on execution; for penalty created by statute; to
recover chattel; for injury to property; for personal injury; for malpractice
other than medical or dental malpractice; to annul a marriage on the ground of
fraud.
UCC, Section 2--725. Statute of Limitations in Contracts for
Sale. (1) An action for breach of any contract for sale must be commenced
within four years after the cause of action has accrued. By the original
agreement the parties may reduce the period of limitation to not less than one
year but may not extend it. (2) A cause of action accrues when the breach
occurs, regardless of the aggrieved party`s lack of knowledge of the breach.
Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation generally. (a)
Accrual of cause of action and interposition of claim. The time within which an
action must be commenced, except as otherwise expressly prescribed, shall be
computed from the time the cause of action accrued to the time the claim is
interposed.
Uniform
Commercial Code - Index
New York State
Consolidated Laws
Up North
Carolina Statute of Limitation
Express or implied contract, not under seal: 3
years.
Contract and sale of personal property under seal: 10
years.
Open account: 3 years, NOTE: Each payment renews the SoL on all
items purchased within the 3 years prior that payment. If no payment is made,
the SoL runs from date of each individual charge. Contracts: From date of
breach or default, unless waived or performance under the contract is
continued.
Judgments: 10 years
Partial payment BEFORE the SoL
expires renews the SoL from date of payment.
Payment AFTER SoL expires
renews SoL ONLY if, at time of payment, circumstances infer the debtor
recognized obligation to pay. Partial payment on open account restarts SoL on
purchases made within 3 years of payment date, if acknowledgment can be
inferred, starts the statute anew as to the full obligation acknowledged, even
if all of the charges were not made within the last three years.NC
Continued...
Partial payment by one debtor does not renew the statute of
limitations as against any a co-debtor unless that co-debtor agreed to,
authorized or ratified the partial payment.
Partial payments DO NOT
affect the ten-year limitation on enforcing or renewing
judgments.
Bankruptcy, Death or Disability: Filing of a bankruptcy tolls
the statute of limitations for the enforcement of contracts and
judgments.
The death, minority, disability or incompetence of a debtor
also tolls the limitation period until such time as a personal representative
of the estate or a guardian of the incompetent or minor is appointed.
Up North Dakota
Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
All
other actions based on a contract, obligation or liability, express or implied:
6 years.
NOTE: A new written acknowledgement or promise or voluntary
payment on a debt revives the statute of limitations for the
debt.
Judgments: 10 years.
Up Ohio Statutes
of Limitation
Written or oral account: 6 years, (O.R.C.
§2305.07).
Written contract: 15 years, (O.R.C.
§2305.06).
Oral contract: 6 years (O.R.C.
§2305.07).
Note payable at a definite time: 6 years, (O.R.C. §
1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand
is made or 10 years if no demand is made and neither principal nor interest has
been paid over that time (O.R.C. §1303.16(B)).
Dishonored check or
draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).
Up Oklahoma
Statutes of Limitation
Written Contract: 5 Years, (O.S. § 95(1)).
Oral
Contract: 3 Years, (O.S. § 95(2))
Attachments: 5 Years, (O.S.
§ 95(5))
Domestic Judgment: 5 Years, (O.S. §
95(5))
Foreign Judgment: 3 Years, (O.S. § 95(2)
Up Oregon
Statutes of Limitation
Unlawful trade practices: 1 year, (ORS 646.638(5).
NOTE:
There is no statute of limitations for a cause of action brought as a
counterclaim to an action by the seller. (ORS 646.638(6)).
Contract or
liability: 6 years, (ORS 12.080)
Judgment: 10 years, (ORS 12.070).
Up Pennsylvania
Statute of Limitations
Contracts: 4 years, (used to be six).
Contracts under
seal: 20 years.
Sale of goods under UCC: 4 years.
Negotiable
instruments: 6 years (13 PA C.S.A. .§3118).
Up Rhode Island
Statutes of Limitation
Contracts and open accounts: 10 years
(9-1-13(a)).
Breach of a sales agreement under the UCC: 4 years, (6A-2-
725(1 )).
Contracts or liabilities under seal and judgments: 20 years,
(9-1-17).
Hospital liens: 1 year from payment, (9-3-6).
Against
insurer to enforce repairer's lien: 1 year from payment to insured,
(9-3-11).
Support obligations of common law father: 6 years,
(15-8-4).
Mechanic's lien: notice given is one year and one hundred
twenty days, (34-28-10. 10).
Up South
Carolina Statutes of Limitation
Breach of Contract: 3 years, (SCCLA 15-3-530).
NOTE: A
partial payment or acknowledgment in writing tolls the SoL, (SCCLA
15-3-30).
Foreign or Domestic Judgments: 10 years, (SCCLA 15-3-600).
Up South Dakota
Statutes of Limitation
Contract: 6 years, (SDCL 15-2-13).
Domestic Judgments:
20 Years, (SDCL 15-2-6).
Foreign Judgments: 10 Years, (SDCL
15-2-8).
Claims of Fraud: 6 Years, (SDCL 15-2-13).
Sealed
Instrument: (except real estate): 20 Years, (SDCL 15-2-6).
Actions not
otherwise provided for: 10 Years, (SDCL 15-2-8).
Open Accounts: 6 Years,
(SDCL 15-2-13).
Sale of Goods: 4 Years, (SDCL57A-2-725).
Up Tennessee
Statute of Limitation
Breach of contract: 6 years, (T. C.A. 28-3-109).
Open
accounts: 6 Years, (T. C.A. 28-3-109).
Domestic or foreign judgments: 10
years, (T .C.A. 28-3-110).
Up Texas
Statutes of Limitation
The Texas Civil Practice & Remedies Code provides a 4-year
limitations period for types of debt. The SoL begins after the day the cause of
action accrues, (Section 16.004 (a) (3)).
Up Utah Statutes
of Limitation
Any signed, written contract, obligation or liability: 6
years.
Unwritten contract, obligation or liability: 4 years.
Open
account for goods, wares, merchandise, and services rendered or for the price
of any article charged on a store account: 4 years.
NOTE: A written
acknowledgement signed by the debtor revives the SoL.
Judgment or decree
of any court or State of the United States: 8 years.
Up Virginia
Statutes of Limitation
Open account: 3 years from the last payment or last charge for
goods or services rendered on the account.
Written contracts (non-UCC):
5 years.
Sale of goods under the UCC: 4 years.
Virginia
Judgments: 10 years, and renewable (extended) to 20 years.
Foreign
judgments: 10 years.
Up Vermont
Statutes of Limitation
Contracts and goods on account: 6 years.
Witnessed
promissory notes: 14 years
Up Washington
Statutes of Limitation
Written contracts and accounts receivable: 6 years, (RCW
4.16.040).
Oral contract: 3 years (RCW 4.16.080).
Recovery of
property and judgments: 10 years, (RCW 4.16.020).
Up West Virginia
Statutes of Limitation
Unwritten and implied contracts: 5 years, (W. Va. Code 55-2-6
(1923)).
NOTE: If a debtor makes an acknowledgment by a new promise, or
voluntarily makes a partial payment on a debt, under circumstances that warrant
a clear inference that the debtor recognizes the whole debt, the statute of
limitations is revived and begins to run from the date of the new promise, (W.
Va. Code §55 -2-8 )
Breach of a sale of goods, lease of goods,
negotiable instruments and secured transactions under the UCC, is found Article
46 of the West Virginia Code.
Up Wisconsin
Statutes of Limitation
Contracts, professional services, or an open account based on a
contract: 6 years.
NOTE: Payments made toward the obligation toll the
statute and the time period will then run from the date of last payment or last
charge by the debtor, whichever occurs later.
Up Wyoming
Statutes of Limitation
Any contract, agreement or promise in writing: 10 years, (WS
1-3-105(a)(i)).
Unwritten contract, express or implied: 8 years, (WS
1-3-105(a)(ii)).
Recovery of personal property: 4 years, (WS 1-3-1 05
(a) (iv)).
Dishonor of draft (check): 3 years, (WS 34.1-3-118(
c)).
Judgment: 21 years.
NOTE 1: Judgments cannot be revived
after twenty-one years unless the party entitled to bring the action was a
minor or subject to any other legal disability at the time the judgment became
dormant, in this case action may be brought within 15 years after disability
ceases, (WS 1-16-503).
NOTE 2: If no execution is issued within 5 years
from date of judgment or last execution is issued, the judgment becomes dormant
and ceases to operate as a lien on the estate of the debtor, (WS
1-17-307).
NOTE 3: A dormant judgment may be revived in the same manner
as prescribed for reviving actions before judgment or by action, (WS 1-16-502).
Up Ontario
Statutes of Limitation
Since most debt actions are based in contract: 6 years from the
date the cause of action arose (date of last payment or written acknowledgment
of the debt).
NOTE: If the contract provides that the law of another
jurisdiction governs it, the limitation period of that jurisdiction will
apply.
The post-judgment enforcement remedy of filing a writ of seizure
and sale provides that the writ is valid for 6 years from the date it is
issued, subject to renewal, which is the responsibility of the creditor. A
discretionary procedure exists to renew an expired writ.
Actions on
foreign judgments, including those from the United States, must be commenced
within 20 years from the date of the foreign judgment. The merits of the
defenses, if any, which were raised in the foreign debt action, are generally
not available as defenses to the action on the judgment.
Up Virgin
Islands Statutes of Limitation
Civil action under a contract or liability, express or implied:
3 years.
Instruments under seal, judgments or decree of any court of the
United States or of any state, commonwealth or territory within the United
States: 20 Years, (Title 5, Section 31, Virgin Islands Code).
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