What Is a Statute of Limitations?
A statute of limitations is a deadline for starting a lawsuit or a criminal prosecution. Deadlines vary by the type of case and by jurisdiction: federal law sets the limits for most federal crimes, and each state sets its own deadlines for civil claims such as personal injury or breach of contract. The clock usually starts when the claim arises, but rules such as the discovery rule and tolling can delay or pause it. Old debts can also become "time-barred," which limits a collector's ability to sue.
What the law says
- A statute of limitations is the time within which a lawsuit must be filed or a criminal prosecution must begin. The deadline can vary depending on the type of civil case or the crime charged. United States Courts, Glossary of Legal Terms
- For most federal crimes, unless the law expressly provides otherwise, a person cannot be prosecuted for a non-capital offense unless the indictment is found or the information is filed within five years after the offense was committed. 18 U.S.C. 3282(a)
- For federal offenses punishable by death, an indictment may be found at any time without limitation. 18 U.S.C. 3281
- Example (New York): the time to start a civil action is generally computed from the time the cause of action accrued to the time the claim is interposed. New York Civil Practice Law and Rules 203(a)
- Example (New York): an action to recover damages for a personal injury generally must be started within three years, with certain exceptions listed in the statute. New York Civil Practice Law and Rules 214(5)
- Example (New York): an action on a contractual obligation or liability, express or implied, generally must be started within six years, with exceptions such as contracts governed by article 2 of the Uniform Commercial Code. New York Civil Practice Law and Rules 213(2)
- Discovery rule example (New York): for injuries caused by exposure to substances, the three-year period is computed from the date the plaintiff discovered the injury or, with reasonable diligence, should have discovered it, whichever is earlier. New York Civil Practice Law and Rules 214-c(2)
- To "toll" a time period means to stop it from running, which essentially extends the time for parties to take legal action. United States Courts, Glossary of Legal Terms
- Tolling example (New York): if a person is under a disability because of infancy or insanity when a claim accrues, the filing period may be extended, but generally not beyond ten years after the claim accrues. New York Civil Practice Law and Rules 208(a)
- Debts: the CFPB says many states limit how long creditors or debt collectors can use legal action to collect a debt, and that the federal Fair Debt Collection Practices Act prohibits suing or threatening to sue on a time-barred debt. Consumer Financial Protection Bureau, What is a statute of limitations on a debt?
FAQ
Is there a time limit on federal criminal charges?
For most non-capital federal offenses, the indictment or information must be brought within five years after the offense, unless another law expressly provides otherwise. Offenses punishable by death have no time limit.
Can a debt collector sue me over a very old debt?
If a debt is time-barred, the FTC says it's against the law for a debt collector to sue you for not paying it.
Can paying part of an old debt restart the clock?
Possibly. The CFPB warns that making a partial payment or acknowledging you owe an old debt may restart the time period, depending on state law.
What if I'm sued on a debt after the deadline has passed?
The FTC says not to ignore the lawsuit, and to tell the judge the debt is time-barred and bring proof. The CFPB notes a court may still enter a judgment if you don't respond and raise the expired deadline as a defense.
Does an old debt disappear from my credit report when it becomes time-barred?
Not necessarily. The FTC notes that negative information like past-due debts can generally stay on a credit report for seven years, and paying or settling doesn't necessarily remove it from your credit history.
Are the deadlines the same in every state?
No. Each state sets its own civil deadlines. For debts, the CFPB says most states set limits of three to six years, though some are longer.
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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.