A statute of limitations is the deadline a creditor has to sue you. In Washington, most consumer debts fall under a six-year or a three-year rule, depending on what kind of agreement created the debt. Washington also has an unusually clear rule on old debts: once the deadline passes, a payment can’t bring it back [3].
At a glance
- Written contracts
- 6 years [1]
- Accounts receivable
- 6 years [1]
- Contracts not in writing
- 3 years [2]
- Payment after the deadline
- Doesn't restart or revive it [3]
- Court judgments
- 10 years, can be extended once [5]
- Credit report
- About 7 years from first delinquency, separately [7]
| Type of claim | Deadline | Law |
|---|---|---|
| Contract in writing, or liability from a written agreement | 6 years | RCW 4.16.040(1) |
| Account receivable (an obligation owed to a business in its ordinary course) | 6 years | RCW 4.16.040(2) |
| Contract or liability not in writing | 3 years | RCW 4.16.080(3) |
| Enforcing a court judgment | 10 years, plus one 10-year extension | RCW 6.17.020 |
Six years: written contracts and accounts receivable
An action “upon a contract in writing,” or on a liability that arises from a written agreement, must be filed within six years [1]. A signed loan agreement is the typical example.
The same six years applies to an account receivable [1]. That can cover many debts owed to businesses.
Three years: deals that aren’t in writing
A claim on a contract or liability that isn’t in writing has a three-year deadline [2]. The three-year rule doesn’t apply to accounts receivable, which get six years [2]. Whether a particular credit card or store account counts as written depends on the documents, so the right deadline isn’t the same for every account.
What restarts the clock, and what doesn’t
Washington’s rules here are specific:
- A late payment made while the clock is still running restarts it from the date of that most recent payment [3].
- A payment made after the deadline has passed does not restart, revive or extend it [3].
- A promise to pay or acknowledgment of the debt counts only if it’s in a writing you signed. A written acknowledgment made after the deadline has passed doesn’t revive it either [4].
Time-barred debt
A debt is time-barred once the deadline to sue has passed. Collectors can still ask you to pay, but they can’t sue or threaten to sue you over it [9]. Washington’s collection agency law separately bars licensed agencies from suing or starting arbitration on a claim they know, or should know, is past the deadline [6].
If you’re sued anyway, don’t ignore it. The expired deadline is usually a defense you have to raise yourself [9]. If you don’t respond, the court can enter a judgment against you.
Judgments last much longer
Once a creditor wins in court, the deadline to sue no longer matters. A Washington judgment can be enforced for 10 years, and the holder can ask, within the 90 days before it expires, for one more 10-year period [5]. For most civil judgments, the total can’t go past 20 years [5].
The credit report clock is different
How long a debt can show on your credit report is a separate federal rule. Under the Fair Credit Reporting Act, collection and charged-off accounts generally can’t be reported once they’re more than seven years old, with the seven years starting 180 days after the delinquency began [7]. Bankruptcies can stay up to 10 years [8].
Accurate negative information can’t be removed just because it hurts your score; only errors can be corrected [8]. If an account is wrong, or is still showing after the reporting period ends, you can dispute it with the credit bureaus for free [8]. BestAmerica explains the full timeline in how long negative items stay on a credit report.
Where to get help
- Northwest Justice Project and Washington legal aid programs: help eligible people respond to debt lawsuits.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [9].
- A consumer attorney: worth a call if you’re sued on an old debt.
Sources
- RCW 4.16.040: Actions limited to six years
- RCW 4.16.080: Actions limited to three years
- RCW 4.16.270: Part payment
- RCW 4.16.280: Written acknowledgment or promise
- RCW 6.17.020: How long judgments can be enforced
- RCW 19.16.250: Prohibited practices for collection agencies
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: How long does negative information remain on my credit report?
- CFPB: What is a statute of limitations on a debt?
Next steps
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Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
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See Bolster →Common questions
How long can a creditor sue on a debt in Washington?
Six years for a written contract or an account receivable, and three years for a contract that isn't in writing. Each deadline runs from when the creditor's claim arose.
Does making a payment restart the statute of limitations in Washington?
A payment made while the period is still running restarts it from the date of that payment. But Washington law says a payment, or a written promise to pay, made after the period has expired does not restart, revive or extend it.
Does the Washington deadline change how long a debt stays on my credit report?
No. Under federal law, most collection and charged-off accounts come off a credit report about seven years after the delinquency began, whatever the Washington deadline to sue is.