Can a debt collector sue you?
Short answer: Yes, if the time limit to sue has not run out. If you are sued, you must respond by the court's deadline or the collector can win by default. Here is the deadline and the time limit in each state.
The rule in every state
Each answer links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | The rule |
|---|---|
| Alabama | Answering a debt lawsuit: Most consumer debt suits are filed in District Court. In a small claims case (up to $6,000), the defendant must file a written answer (form SM-3) with the court clerk within 14 days after being served. A defendant who does not answer risks a default judgment. Ala. Small Claims Rules C and F Time limit to sue on a written contract: 6 years for actions founded on promises in writing not under seal, such as a signed loan or credit agreement. Ala. Code § 6-2-34(4) |
| Alaska | Answering a debt lawsuit: File a written Answer within 20 days after being served with the complaint. The court's form is Answer & Counterclaim to Complaint to Collect a Debt (CIV-481); in a small claims case, use the Small Claims Answer (SC-3) to stay in small claims. A defendant who does not answer risks a default judgment. Alaska Court System Self-Help Center, Debt Collection Cases: Answer Time limit to sue on a written contract: 3 years for an action on a contract or liability, express or implied, unless another law sets a different period. Alaska uses the same period for written and oral contracts. Actions on a sealed instrument have 10 years. AS 09.10.053; AS 09.10.040 |
| Arizona | Answering a debt lawsuit: Many debt cases are filed in Justice Court. In a small claims case (up to $5,000), the defendant must file a written answer and pay the answer fee within 20 days after service. A defendant who does not answer risks a default judgment. A.R.S. § 22-514; A.R.S. § 22-522 Time limit to sue on a written contract: 6 years for a debt based on a written contract signed in Arizona. If another state's limitations period conflicts, Arizona's 6-year rule applies to these debts. A.R.S. § 12-548(A)(1), (B) |
| Arkansas | Answering a debt lawsuit: File a written answer with the court clerk by the deadline on the papers served, usually 30 days after service, and send a copy to the plaintiff. Collection agencies may not file cases in small claims court, so a debt buyer or collector's suit is usually on the regular District Court or Circuit Court docket. Arkansas Attorney General, Guide to Small Claims Court Time limit to sue on a written contract: 5 years for actions to enforce written obligations, such as a signed loan or credit agreement. Ark. Code Ann. § 16-56-111 |
| California | Answering a debt lawsuit: File a written response, usually an Answer, with the court within 30 days after the summons is served. If no response is filed, the plaintiff can ask for a default judgment, which can lead to wage garnishment or a bank levy. The California Courts self-help guide has step-by-step instructions by type of debt. Cal. Code Civ. Proc. § 412.20(a)(3)-(4); California Courts Self-Help Guide, Debt lawsuits Time limit to sue on a written contract: 4 years for an action on a contract, obligation or liability founded on a written instrument. Once the period has run, a creditor or collector may not sue or start arbitration to collect the debt, and the period can be extended only under the written-acknowledgment rule (CCP § 360). Cal. Code Civ. Proc. § 337(a), (d) |
| Colorado | Time limit to sue on a written contract: 6 years for actions to recover a liquidated debt or a determinable amount of money due, and for enforcing any instrument that secures or evidences a debt. Most consumer debts with a set balance fall in this category. Other contract claims generally have 3 years. C.R.S. § 13-80-103.5(1)(a); § 13-80-101(1)(a) |
| Connecticut | Answering a debt lawsuit: In a small claims case, the defendant must file an answer on or before the answer date set by the clerk and send a copy to the plaintiff. A defendant who does not respond risks a default judgment. Connecticut Judicial Branch Small Claims FAQ Time limit to sue on a written contract: 6 years for an action on a written contract, a simple or implied contract, or an account. Conn. Gen. Stat. § 52-576(a) |
| Delaware | Answering a debt lawsuit: Most debt suits up to $25,000 are filed in the Justice of the Peace Court. In a debt action there, the defendant must file a written answer within 15 days after receiving the summons, or risk a default judgment. The defendant may also demand a bill of particulars (details of the claim). 10 Del. C. §§ 9522, 9523; Delaware Courts, Starting a Civil Action in JP Court Time limit to sue on a written contract: 3 years. Actions based on a promise, and actions to recover a debt not evidenced by a record or by an instrument under seal, must be brought within 3 years after the claim accrues. Delaware does not set a separate, longer period for ordinary written consumer contracts. A written contract involving at least $100,000 may set its own period of up to 20 years. 10 Del. C. § 8106(a), (c) |
| District of Columbia | Time limit to sue on a written contract: 3 years. Any lawsuit to collect a consumer debt filed on or after September 1, 2021 must be started within 3 years after the claim accrues, whether it is based on a written contract, account stated, open account or any other theory, and even for contracts under seal. Other simple contracts also have 3 years. D.C. Code § 28-3814(o); § 12-301(7) |
| Florida | Answering a debt lawsuit: Debt claims up to $8,000 are usually small claims cases in County Court. A written answer is not usually required unless the court orders it, but the defendant must appear (in person, by counsel or by approved remote technology) at the pretrial conference. Missing it can lead to a default judgment. Fla. Sm. Cl. R. 7.090(a), (c); Fla. Sm. Cl. R. 7.010(b) Time limit to sue on a written contract: 5 years for an action on a contract, obligation or liability founded on a written instrument. Fla. Stat. § 95.11(2)(b) |
| Georgia | Answering a debt lawsuit: Most consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs. O.C.G.A. § 15-10-43(c)-(e); Uniform Magistrate Court Rule 34.1 Time limit to sue on a written contract: 6 years after the debt becomes due and payable for an action on a simple written contract. O.C.G.A. § 9-3-24 |
| Hawaii | Answering a debt lawsuit: In a small claims case, no written answer is required, but the defendant must appear at the hearing; failing to appear can result in a default judgment. Denying the claim preserves the defendant's defenses. Rules of the Small Claims Division of the District Courts, Rules 3(a), 6(a), 10 Time limit to sue on a written contract: 6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation or liability. Hawaii uses the same period for written and oral contracts. HRS § 657-1(1) |
| Idaho | Answering a debt lawsuit: In small claims, a defendant who wants a hearing must sign, complete and file the answer form with the clerk within 21 days after service; otherwise judgment may be entered. For regular civil debt cases, the Idaho Courts self-help center provides a Civil Case Answer form. Idaho Code § 1-2303(1)-(2); Idaho Court Assistance Office, Civil forms Time limit to sue on a written contract: 5 years for an action on a contract, obligation or liability founded on a written instrument. Idaho Code § 5-216 |
| Illinois | Answering a debt lawsuit: In a small claims case (up to $10,000), the defendant must attend court on the date in the summons, in person or remotely; a written answer is not required unless the court orders one after the first court date. A defendant who does not appear risks a default judgment. Ill. Sup. Ct. R. 286(a)-(b) Time limit to sue on a written contract: 10 years for an action on a written contract, such as a signed loan agreement or promissory note. 735 ILCS 5/13-206 |
| Indiana | Answering a debt lawsuit: In small claims (up to $10,000), no written answer is required; all defenses are treated as raised. The defendant must appear at the hearing; failing to appear can lead to a default judgment. Ind. Small Claims Rules 4(A)-(B), 10(B) Time limit to sue on a written contract: 6 years for written contracts for the payment of money (signed after August 31, 1982), such as loans and credit agreements. 10 years for other written contracts. IC 34-11-2-9; IC 34-11-2-11 |
| Iowa | Answering a debt lawsuit: In a small claims case (up to $6,500), a defendant served in Iowa must appear within 20 days after service, usually by filing the Appearance and Answer form. Otherwise a default judgment may be entered. Iowa Code §§ 631.4(1), 631.5(6); Iowa Judicial Branch, Small Claims Time limit to sue on a written contract: 10 years for actions founded on written contracts. Claims for unpaid rent have a separate 5-year limit. Iowa Code § 614.1(5) |
| Kansas | Time limit to sue on a written contract: 5 years for an action on any written agreement, contract or promise. K.S.A. 60-511(1) |
| Kentucky | Answering a debt lawsuit: File a written Answer with the Circuit Court Clerk in the county named on the summons within 20 days after you were served (the count starts the day after service), and serve a copy on the plaintiff or its attorney with a certificate of service. If no Answer is filed, a default judgment may be entered. In small claims court no written answer is required, but you must appear at the hearing. Summons form AOC-105; KRS 24A.230 (small claims) Time limit to sue on a written contract: 10 years to sue on a written contract signed after July 15, 2014. 15 years for written contracts signed on or before that date. KRS 413.160; KRS 413.090(2) |
| Louisiana | Answering a debt lawsuit: In district court, file an answer within 21 days after service of the citation, or within 30 days if discovery requests were served with the petition. The court may grant more time. In justice of the peace court, appear on the trial date; if no trial date is set, file an answer within 10 calendar days of service. La. C.C.P. art. 1001; Attorney General's Guide to Louisiana Justice of the Peace Courts Time limit to sue on a written contract: 10 years for most contract claims ('personal actions'), whether the contract is written or oral, unless a shorter period applies. Debts on money lent and on open accounts have a shorter 3-year period. La. C.C. art. 3499; art. 3494 |
| Maine | Answering a debt lawsuit: In a civil action, serve your answer within 20 days after you are served with the summons and complaint. In small claims court, no written answer is required, but you must appear at the hearing or you will likely lose by default. M.R. Civ. P. 12(a); M.R.S.C.P. 3(b) Time limit to sue on a written contract: 6 years for most civil actions, including suits on written or oral contracts. 20 years only for contracts under seal or promissory notes signed in front of an attesting witness. 14 M.R.S. § 752; 14 M.R.S. § 751 |
| Maryland | Answering a debt lawsuit: In District Court, file the Notice of Intention to Defend (on the bottom of the Writ of Summons) within 15 days after you are served, or 60 days if you are out of state. If you do not and the plaintiff filed an affidavit, the judge may enter an 'affidavit judgment' against you without a trial. District Court of Maryland, DC-CV-001BR Time limit to sue on a written contract: 3 years for a civil action on a contract, written or oral. 12 years for a contract under seal (a 'specialty'), but the 12-year period does not apply to hospital debt owed by a consumer. Md. Code, Cts. & Jud. Proc. § 5-101; § 5-102 |
| Massachusetts | Time limit to sue on a written contract: 6 years for contract actions, express or implied, written or oral. 20 years for contracts under seal. M.G.L. c. 260, § 2; c. 260, § 1 |
| Michigan | Answering a debt lawsuit: You have 21 days after receiving the summons and complaint to file a written answer with the court and serve a copy on the other party (28 days if served by mail or outside Michigan). If you do not answer, judgment may be entered against you. In small claims court, you must appear at the hearing instead. SCAO Summons form MC 01; MCL 600.8404 (small claims) Time limit to sue on a written contract: 6 years to sue for breach of contract, written or oral. MCL 600.5807(1), (9) |
| Minnesota | Answering a debt lawsuit: Serve a written answer on the plaintiff within 21 days after you are served with the summons. The deadline runs from service of the summons. Minn. R. Civ. P. 12.01 Time limit to sue on a written contract: 6 years for consumer debts (personal, family or household) and for contract actions generally. Minn. Stat. § 541.053; § 541.05 |
| Mississippi | Answering a debt lawsuit: In circuit, chancery and county court, serve your answer within 30 days after you are served with the summons and complaint. Justice court cases follow different rules. Miss. R. Civ. P. 12(a) Time limit to sue on a written contract: 3 years. Mississippi's general catch-all period of 3 years applies to written contracts, and unwritten contracts are expressly 3 years. Miss. Code Ann. § 15-1-49(1); § 15-1-29 |
| Missouri | Time limit to sue on a written contract: 10 years for an action on a writing that promises to pay money. 5 years for other contract actions, including oral agreements. RSMo 516.110(1); RSMo 516.120(1) |
| Montana | Answering a debt lawsuit: In district court, serve an answer within 21 days after being served with the summons and complaint. In small claims court, no written answer is filed; appear on the date in the court's order, or file a notice within 10 days after service to move the case to regular justice court. Mont. R. Civ. P. 12(a); Mont. Code Ann. §§ 25-35-605, 25-35-607 Time limit to sue on a written contract: 6 years for an action on a contract or obligation founded on a written instrument. Mont. Code Ann. § 27-2-202(1) |
| Nebraska | Time limit to sue on a written contract: 5 years for an action on a written agreement, contract or promise. Neb. Rev. Stat. § 25-205(1) |
| Nevada | Answering a debt lawsuit: In district court and justice court, serve your answer within 21 days after being served with the summons and complaint. Nev. R. Civ. P. 12(a); Justice Court Rules of Civil Procedure 12(a) Time limit to sue on a written contract: 6 years for an action on a contract, obligation or liability founded on a written instrument. NRS 11.190(1)(b) |
| New Hampshire | Answering a debt lawsuit: In small claims, respond in writing within 30 days from the date the notice was mailed, saying you want to be heard; otherwise the court enters a default judgment. RSA 503:6, I-II Time limit to sue on a written contract: 3 years for personal actions, including suits on written or oral contracts. Contracts under seal have 20 years. RSA 508:4, I; RSA 508:5 |
| New Jersey | Answering a debt lawsuit: In the Special Civil Part (cases of $20,000 or less), file a written answer with the court within 35 days of getting the summons. If you do not, a money judgment may be entered against you. The court publishes answer packets and forms for self-represented defendants. NJ Courts, Lawsuits $20,000 or less (Special Civil) Time limit to sue on a written contract: 6 years for a contract claim, written or oral (express or implied, not under seal). N.J.S.A. 2A:14-1 |
| New Mexico | Answering a debt lawsuit: In Metropolitan (and magistrate) court, respond to a civil lawsuit within 20 days of being served with the complaint and summons, or a default judgment may be entered. Answer forms are available from the courts. Bernalillo County Metropolitan Court FAQs; Rules 2-302, 3-302 NMRA Time limit to sue on a written contract: 6 years for an action on a promissory note or other contract in writing. NMSA 1978, § 37-1-3(A) |
| New York | Answering a debt lawsuit: Appear (by answer or motion) within 20 days after the summons is personally delivered to you, or within 30 days after service is complete if you were served another way (for example, by delivery to another person at your home plus mailing). N.Y. CPLR 320(a) Time limit to sue on a written contract: 6 years for contract actions generally. But a lawsuit against a consumer arising from a consumer credit transaction (such as a credit card or consumer loan) must be brought within 3 years. N.Y. CPLR 213(2); CPLR 214-i |
| North Carolina | Answering a debt lawsuit: In district or superior court, serve your answer within 30 days after you are served with the summons and complaint. In small claims (magistrate) court, a written answer is optional and may be filed any time before trial; not answering is treated as a general denial, but you should appear at trial. N.C. R. Civ. P. 12(a) (G.S. 1A-1); G.S. 7A-218, 7A-220 Time limit to sue on a written contract: 3 years for an action on a contract, written or oral. 10 years for a sealed instrument. N.C. Gen. Stat. § 1-52(1); § 1-47(2) |
| North Dakota | Answering a debt lawsuit: In a district court civil case you must serve a written Answer on the plaintiff within 21 days after you were served with the summons and complaint, or the plaintiff may get a default judgment. The answer can include a counterclaim. Small claims cases have their own answer forms. ND Legal Self Help Center, Answering a District Court Civil Action 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. N.D.C.C. 28-01-16(1) |
| Ohio | Answering a debt lawsuit: Serve a written answer within 28 days after you are served with the summons and complaint (Ohio Civil Rule 12(A)). The Ohio Attorney General advises not to ignore court papers and to file an answer if you dispute the amount or the debt. Ohio Civ.R. 12(A)(1); Ohio Attorney General, Debt Collection FAQs Time limit to sue on a written contract: 6 years for an action on a written contract. For a consumer debt (personal, family or household purposes) the period is 6 years whether or not the agreement is in writing, and it starts 30 days after the later of the last charge or the last payment by the consumer. Ohio Rev. Code 2305.06; 2305.07(C) |
| Oklahoma | Answering a debt lawsuit: Serve an answer within 20 days after you are served with the summons and petition. A defendant may file a reservation of time, which extends the deadline by 20 days but waives certain defenses. The plaintiff may elect a 35-day answer period, which will be stated in the summons. 12 O.S. 2012(A) Time limit to sue on a written contract: 5 years for an action on a contract, agreement or promise in writing. 12 O.S. 95(A)(1) |
| Oregon | Answering a debt lawsuit: You must appear and defend (usually by filing an answer or motion with the court clerk) within 30 days from the date you were served with the summons. ORCP 7 C(2); ORCP 15 A Time limit to sue on a written contract: 6 years for an action on a contract or liability, express or implied. Oregon uses the same period for written and oral contracts. ORS 12.080(1) |
| Pennsylvania | Answering a debt lawsuit: In the Court of Common Pleas, file a written response within 20 days after a complaint with a Notice to Defend is served on you. Smaller claims filed with a Magisterial District Judge are set for a hearing instead. Pa.R.C.P. 1026(a) Time limit to sue on a written contract: 4 years for an action on a contract, obligation or liability founded on a writing. A written instrument under seal has a 20-year limit. 42 Pa.C.S. 5525(a)(8); 5529(b)(1) |
| Rhode Island | Answering a debt lawsuit: In a District Court civil case, file an answer with the court clerk within 20 days after you are served with the summons and complaint, admitting or denying the claims and stating your defenses. If you do not answer, a default judgment may be entered. R.I. District Court, General Info on Civil Matters Time limit to sue on a written contract: 10 years. Rhode Island's general civil limitations period covers contract claims, written or oral. Contracts under seal have 20 years. R.I. Gen. Laws 9-1-13(a); 9-1-17 |
| South Carolina | Answering a debt lawsuit: In magistrate court, answer within 30 days after service, in writing (approved Answer form) or in person at the court. If you do not respond within 30 days, a default judgment is entered. S.C. Rules of Magistrates Court 7, 11; S.C. Judicial Branch, Magistrates Court FAQs Time limit to sue on a written contract: 3 years for an action on a contract, obligation or liability, express or implied (written or oral). Instruments under seal are excepted. S.C. Code 15-3-530(1); 15-3-520 |
| South Dakota | Answering a debt lawsuit: Serve your answer within 30 days after the complaint is served on you. Small claims cases follow the deadline stated in the small claims notice. SDCL 15-6-12(a) Time limit to sue on a written contract: 6 years for an action on a contract, obligation or liability, express or implied. South Dakota uses the same period for written and oral contracts. SDCL 15-2-13(1) |
| Tennessee | Time limit to sue on a written contract: 6 years for actions on contracts not otherwise provided for. The same period applies to written and oral contracts. T.C.A. 28-3-109(a)(3) |
| Texas | Answering a debt lawsuit: In justice court (debt claims), file a written answer and serve a copy on the plaintiff by the end of the 14th day after you were served; a general denial is enough. In county or district court, file a written answer by 10:00 a.m. on the Monday after 20 days have passed since you were served. If you do not answer, a default judgment may be entered. Tex. R. Civ. P. 99(b), 502.5 Time limit to sue on a written contract: 4 years. A suit on a debt must be brought within four years after the claim accrues; the residual period for claims with no other stated period is also four years. Tex. Civ. Prac. & Rem. Code 16.004(a)(3), 16.051 |
| Utah | Answering a debt lawsuit: File an answer within 21 days after you were served in Utah (30 days if served outside Utah), counting every calendar day. You can file an answer through MyCase or use the court's answer form. Debt cases filed in small claims follow the small claims process instead. Utah State Courts, Answering a Complaint (debt collection); Debt Collection self-help page Time limit to sue on a written contract: 6 years for an action on a contract, obligation or liability founded on an instrument in writing. For a credit agreement, the 6 years run from the latest of when the debt arose, the debtor's last written acknowledgment or promise to pay, or the last payment by the debtor or a third party. Utah Code 78B-2-309(1)(b), (2) |
| Vermont | Answering a debt lawsuit: In small claims court (where most consumer debt cases up to $5,000 are heard), you have 30 days to answer, counted from the mailing date if served by mail or from the date of sheriff service. If no answer is filed, the plaintiff may ask for a default judgment. Vermont Judiciary, Suing and Being Sued in Small Claims Time limit to sue on a written contract: 6 years. Vermont's general civil-action limitations period (six years after the claim accrues) applies to contract debts, written or oral. 12 V.S.A. 511 |
| Virginia | Answering a debt lawsuit: Most debt cases are filed in general district court on a warrant in debt with a return date. You must appear on the return date (or the case may be decided by default); pleadings are limited to the warrant, the answer, grounds of defense and counterclaims. Va. Code 16.1-122.3; Virginia Judicial System, Small Claims Court Procedures (rev. 10/2024) Time limit to sue on a written contract: 5 years for an action on a written contract signed by the person being sued (or their agent). Va. Code 8.01-246(A)(2) |
| Washington | Answering a debt lawsuit: In district court (where most debt cases are filed), serve your answer within 20 days after the summons and complaint are served on you (60 days from first publication if served by publication). CRLJ 12(a) Time limit to sue on a written contract: 6 years for an action on a written contract or a liability arising from a written agreement. RCW 4.16.040(1) |
| West Virginia | Answering a debt lawsuit: In magistrate court, answer within 20 days after service (30 days if served on an agent or attorney-in-fact). If no timely answer is filed, the plaintiff may get a default judgment. W. Va. R. Civ. P. Magis. Ct. 4(b), 10 Time limit to sue on a written contract: 10 years for an action on a contract in writing signed by the person being sued (or their agent), or under seal. W. Va. Code 55-2-6 |
| Wisconsin | Answering a debt lawsuit: In circuit court, serve an answer within 20 days after the complaint is served on you. In small claims, you answer on the return date stated in the summons (orally unless the court requires a written answer); if you do not appear you risk a default judgment. Wis. Stat. 802.06(1)(a); 799.20 Time limit to sue on a written contract: 6 years for an action on any contract, obligation or liability, express or implied. Wis. Stat. 893.43(1) |
| Wyoming | Time limit to sue on a written contract: 10 years for an action on a specialty or any contract, agreement or promise in writing. Wyo. Stat. 1-3-105(a)(i) |
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.