What is the statute of limitations (SOL)?
- DIY Fix My Score
- Sep 15
- 2 min read
Updated: Sep 16
The statute of limitations is the legal time window a creditor (or debt buyer) has to sue you. It varies by state and by type of contract (often 3–6 years, sometimes longer).
Why SOL mattersIf a debt is time‑barred, you may be able to raise the SOL as a defense. But beware: making a new payment or a written promise to pay can restart the clock in some states.
FAQ:
What is the statute of limitations on debt?
A: It’s the time window a creditor or debt buyer has to sue, varying by state and debt type. Knowing your last payment date helps you determine if a claim may be time-barred.
What restarts the SOL clock?
A: In many states, a new payment or a written promise to pay can restart the statute of limitations. Check your state rules before making any payments.
Can I use SOL as a defense if I’m sued?
A: Yes—if the claim is time-barred, you can raise the statute of limitations as an affirmative defense in your Answer. You should still respond by the court deadline.
How to check your SOL (simple steps)
Find the date of last payment on your statements.
Identify your state’s SOL for the type of debt (open account, written contract).
Compare the two. If the SOL period has expired, talk with a professional about using SOL as a defense.
Common mistakes that restart the SOL
Making a token payment “to be nice”
Admitting the debt in writing
Entering a new payment plan without checking SOL
If you’re sued on an old debt
Respond—don’t ignore the summons.
Consider SOL as an affirmative defense if it applies.
Ask for documentation (account history and ownership records).
When to consider consulting
If you’re unsure how your state treats SOL (or whether you’ve restarted it), a consultation can save you costly mistakes and help you respond correctly.
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