Statute of Limitations on Debt in North Dakota
How long a creditor or collector has to sue you over a debt in North Dakota, and whether a payment restarts the clock.
Short answer: 6 years for an action on a contract, obligation or liability, express or implied. North Dakota uses the same period for written and oral contracts. N.D.C.C. 28-01-16(1)
| Time limit to sue on a written contract | 6 years for an action on a contract, obligation or liability, express or implied. North Dakota uses the same period for written and oral contracts. Source: N.D.C.C. 28-01-16(1) |
|---|---|
| Time limit for credit cards and open accounts | 6 years, the same as other contracts (express or implied). For a mutual, open and current account with reciprocal demands, the claim accrues from the last item proved in the account on either side. Source: N.D.C.C. 28-01-16(1), 28-01-37 |
| Can a payment restart the clock? | An acknowledgment or new promise extends the limitations period only if it is in a writing signed by the debtor. The statute states that this writing rule does not change the effect of a payment of principal or interest. The statute does not itself spell out how long a part payment extends the period. Source: N.D.C.C. 28-01-36 |
Where to get help in North Dakota
- North Dakota Department of Financial Institutions (licenses and regulates collection agencies)
- File a complaint or claim
More North Dakota debt & collections
- Wage Garnishment in North Dakota
- How to Respond to a Debt Collection Lawsuit in North Dakota
- What Creditors Can't Take in North Dakota
- All North Dakota debt & collections rules
FAQ
What is the statute of limitations on debt in North Dakota?
6 years for an action on a contract, obligation or liability, express or implied. North Dakota uses the same period for written and oral contracts.
How long can a creditor sue on a credit card debt in North Dakota?
6 years, the same as other contracts (express or implied). For a mutual, open and current account with reciprocal demands, the claim accrues from the last item proved in the account on either side.
Does making a payment restart the statute of limitations in North Dakota?
An acknowledgment or new promise extends the limitations period only if it is in a writing signed by the debtor. The statute states that this writing rule does not change the effect of a payment of principal or interest.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.