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Statute
of Limitations: All States: Credit Problems
We
offer two pages with SOL so that you can confirm your own statute
of limitations. This is our second page with SOL for each state.
This page also lists the codes by state so that you can look it
up yourself. Since state laws are often amended, you need to check
your own state law to know for sure
but this page will give
you a second opinion to our primary
SOL page.
This page is
courtesy of (www.Fair-Debt-Collections.com).
Another resource to triple check the SOL can be found here.
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)
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).
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.
Arkansas Statutes
of Limitations
Written contracts: 5
years, NOTE: Partial payment or written acknowledgment of default
stopped 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)
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.
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)
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)
Delaware Statutes
of Limitation
General contracts: 3
years;
Sales under the UCC:
4 years
Notes 6 years;
Miscellaneous documents
under seal: No limitation.
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.
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)).
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 its stated in the body of the instrument.
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.
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 acknowledgment 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.
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
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 acknowledgment
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.
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.
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.
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).
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.
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)
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.
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.
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.
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
acknowledgment or payment tolls the statute of limitations for the
debt.
Judgments: 10 years.
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)
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.
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 acknowledgment
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.
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 acknowledgment of debt. The statute
starts to run anew from the date of the partial payment or written
acknowledgment, (Neb. Rev. Stat. §25-216)
NOTE: Actions on breach
of contract for sale may be reduced to not less than one year.
Nevada Statutes of
limitation
Written contract: 6 years.
Verbal contract: 4 years.
Property damage: 3 years.
Personal injury: 2 years.
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.
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)).
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.
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
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.
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 acknowledgment
or promise or voluntary payment on a debt revives the statute of
limitations for the debt.
Judgments: 10 years.
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)).
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)
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).
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).
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).
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).
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).
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).
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)).
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 acknowledgment
signed by the debtor revives the SOL
Judgment or decree of
any court or State of the United States: 8 years.
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.
Vermont Statutes
of Limitation
Contracts and goods on
account: 6 years.
Witnessed promissory
notes: 14 years
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).
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.
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.
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).
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 postjudgment 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.
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).
This information is thought
to be current at time of publication. Information may change over
time. We do not offer legal, tax or financial advice. See our disclaimer
for details. The number of years listed are subject to change so
be sure to verify the SOL by contacting your State
Attorney General's Office. Remember, SOL's can be amended and
change over time so to be sure your SOL below is correct, check
out our collection laws for
your state.
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