What can restart the debt statute of limitations?
William Jenkins
Updated on January 22, 2026
What Can Restart the Statute of Limitations?
- Making a payment for any amount.
- Entering a payment plan.
- Accepting a settlement offer.
- Agreeing to pay off some of the debt.
- Acknowledging that you owe a debt.
- Making a new charge on the same account.
How long can creditors collect on delinquent unsecured debt?
four years
California has a statute of limitations of four years for all debts except those made with oral contracts. For oral contracts, the statute of limitations is two years. This means that for unsecured common debts like credit card debt, lenders cannot attempt to collect debts that are more than four years past due.When does a contract debt become statute barred?
Once the limitation period is running, a simple contract debt will normally be statute-barred if: the creditor has not already started a county court claim for the debt; and. you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years; and.
What happens when the Statute of limitations has expired?
If a statute of limitations period has expired and the claimant still pursues the claim, a defendant can simply cite the term ‘time barred’ as a defence. This basically means that the claim is thrown out because it is outside of the limitation period.
What’s the time limit for a simple contract debt?
When using the Limitation Act, these debts are often called ‘simple contract debts’. The Limitation Act says that the limitation period for simple contract debts is six years.
How long is the Statute of limitations for breach of contract?
Claims for breach of contract must generally be made within 6 years. If the matter relates to the failure to repay a debt and the debt is secured with a mortgage, the period may be longer – up to 12 years.