Stage guide

Time-barred debt: too old to sue on — not too old to be tricked about

Every state's law gives a collector a limited number of years to sue on a card debt. When those years run out, the debt is 'time-barred': they may still ask, but the courthouse door closes. Two traps guard that door — and both are sprung by the person who owes, not the collector.

Stage 1First letterThe 30-day window opens
Stage 2Calls & contactKnow the call rules
Stage 3The decision pointWeigh any offer with real math
Stage 4SuedYour answer deadline is running
Stage 5JudgmentThrow it out? Protect what's yours? Both have deadlines
Stage 6GarnishmentClaim what is protected
Stage 7Time-barred tailOld debt, new traps

What the bar actually stops

Regulation F, 12 CFR 1006.26(b), makes it a violation to sue — or threaten to sue — over a debt the collector knows or should know is time-barred. It does not stop calls or letters. That is why old debts stay profitable: the asking is legal, and the paying is voluntary.

Trap one: the revival

In many states, a partial payment or a signed written acknowledgment after the deadline restarts the entire clock — a fresh set of years, from a $25 payment. A few states have abolished revival by statute; New York did it in 2022 (CPLR §214-i). Your state's trigger is printed on its state page, and the decoder turns it into a personal alarm from your own dates.

Trap two: the borrowed clock

Your card agreement probably picked another state's law — Delaware (3 years) for Chase, Bank of America, Discover and Barclays accounts; South Dakota (6 years) for Citi and Wells Fargo. Courts often use the shorter of the two deadlines, under a rule called a borrowing statute. A debt can be too old to sue on under the card company's picked law while still live under yours — or the reverse. The free checker works out both clocks, which is why it asks whose card it was.

If they sue anyway

A lawsuit over a time-barred debt is a Regulation F violation — and limitations is also your defense in that suit. Either way, the worst response is no response: an unanswered suit becomes a judgment even when the debt was legally dead. See the sued page for your deadline.

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

One payment. Every stage of the road, and the deadline tables for all 50 states — every number with its law cited. No account, no subscription — and the free checker above stays free whether you buy or not.

Get the Kit — $39

DebtDecoded is education, not a law firm. If the checker points you to a free route — legal aid, a lawyer who fights debt collectors, a nonprofit counselor — take it. We would rather lose the sale than sell you the wrong tool.

Quick answers

How do I know my exact deadline?

The clock generally starts at the first missed payment that was never made up. The free checker works it out from your last-payment month, your state, and the state your card company picked — and labels the result 'borderline' when the two clocks disagree, instead of pretending to be certain.

Should I tell the collector the debt is time-barred?

In writing, briefly, and without acknowledging the debt is yours or promising anything. The kit's time-barred response is built for exactly this. Never deliver the news by making a payment 'to close it out' — in revival states, that payment reopens everything.

Run the free checker