State file — Louisiana

Louisiana debt collection: the deadlines and limits that decide your case

Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.

How long they have to sue you — credit-card debt10 years (written contract) / 3 years (open account) · La. Civ. Code art. 3494(4); art. 3499
Louisiana calls this prescription, not a statute of limitations.
Contested: The widest split in the country: an action on an open account prescribes in 3 years (art. 3494), while a personal action on a written contract gets 10 years (art. 3499). Louisiana sources treat a credit card account as the classic open account — 3 years — even when the cardholder signed a written agreement; creditors argue for 10. Promissory notes are separate at 5 years (art. 3498).
If the clock has run outPaying part of it, or signing a written statement that the debt is yours, can restart it.
La. Civ. Code arts. 3464, 3466
Louisiana uses 'interruption,' not revival: when the debtor acknowledges the creditor's right, the time already run is not counted and a full new period starts. A part payment can act as a tacit acknowledgment, and no writing is required.
Deadline to answer a lawsuit21 days after service of the citation and petition (30 days if the plaintiff serves discovery requests along with the petition) · La. Code Civ. P. art. 1001(A)
Taking your paycheck (wage garnishment)Follows the federal cap. Louisiana's own exemption statute protects 75% of disposable earnings — the same result as the federal 25% cap — with a floor of 30 times the federal minimum wage per week, so at most 25% can be taken for a card judgment.
La. R.S. 13:3881(A)(1)(a)
Taking your bank account (a levy)Louisiana has no flat dollar exemption for bank accounts. Money in the account is reachable unless it traces to an exempt source: wages keep their 75%-of-disposable-earnings protection, and Social Security, unemployment, retirement money and the federal earned income tax credit are exempt.
La. R.S. 13:3881(A)
Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212).
Original creditor calling?Partially — Not a full mini-FDCPA, but R.S. 9:3562 restricts creditors themselves: limits on contacting third parties about the debt and a duty to stop contact after a written cease notice, with a damages claim preserved under Civil Code art. 2315. Collection agencies are separately regulated under the Collection Agency Regulation Act, La. R.S. 9:3576.1 et seq. (La. R.S. 9:3562)
How long a judgment lasts10 years — Revivable before it prescribes by a simple ex parte motion filed in the same suit, as often as the creditor wants; each revival starts a fresh 10 years. · La. Civ. Code art. 3501; La. Code Civ. P. art. 2031 From a secondary source — double-check before you rely on it

Run my dates through the free checker

Card agreements often pick another state's law (Delaware for Chase, Bank of America, Discover, Barclays; South Dakota for Citi and Wells Fargo). A court may use the shorter of the two deadlines, under a rule called a borrowing statute — the free checker works out both clocks for you.

Included in the $39 DebtDecoded Kit

  • The letter builder — answer a few questions and it writes your letters: the one that makes them prove the debt is yours, and the one that orders them to stop calling. Wording follows the federal rulebook (Regulation F). Ready to print and mail
  • The old-debt trap worksheet — checks your dates against your state's restart rule before you pay or sign anything, so one small payment can't quietly restart the clock on an old debt (the trap lawyers call 'revival')
  • The call log — counts their calls against the legal line: more than 7 calls in 7 days about one debt counts as harassment (12 CFR 1006.14(b)(2))
  • The 'what they can't take' pack — what a court judgment can and cannot take in your state, including the rule that shields two months of federal benefits sitting in your bank account (31 CFR Part 212)
  • The offer-math worksheet — what a 'deal' really costs once fees and the tax on the written-off part are counted (that tax shows up on Form 1099-C)
  • The complaint walkthrough and the honest directory — who to call instead when a free or better route fits you

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Quick answers

What is the statute of limitations on credit card debt in Louisiana?

10 years (written contract) / 3 years (open account) under La. Civ. Code art. 3494(4); art. 3499. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).

Can paying a little restart the clock in Louisiana?

Paying part of it, or signing a written statement that the debt is yours, can restart it. (La. Civ. Code arts. 3464, 3466).

How long do I have to answer a debt-collection lawsuit in Louisiana?

21 days after service of the citation and petition (30 days if the plaintiff serves discovery requests along with the petition) (La. Code Civ. P. art. 1001(A)). Most of these cases are lost by default — by never answering at all.

Can a debt collector garnish my wages in Louisiana?

Louisiana's own exemption statute protects 75% of disposable earnings — the same result as the federal 25% cap — with a floor of 30 times the federal minimum wage per week, so at most 25% can be taken for a card judgment. (La. R.S. 13:3881(A)(1)(a)).

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