Do I Have to Pay a Debt That's Really Old?

If you haven't paid a debt in a long time, the legal time limit to sue you for it may have passed. This is called a time-barred debt. Knowing whether a debt is time-barred can help you protect your rights and decide if paying it makes sense.

This article is about consumer debt—debt related to personal and household expenses. Other types of debts, like taxes or child support, may follow different rules. Learn what is and is not a consumer debt here.

In Oregon, the time limit to sue someone for a consumer debt is usually six years, starting from the date of the last payment. But certain actions can restart the clock, which means the debt is no longer time-barred and you could be sued.

What can reset the time limit for an old debt?

• Making a payment, even a small one
• Admitting the debt is yours in writing, online, or over the phone
• Agreeing to a payment plan or settlement

If you're contacted about an old debt, be careful what you say or do until you know whether it's time-barred. 

Talking to the collector, asking for information, or disputing the debt does not restart the clock. But if you admit you owe the debt or agree to pay, you could lose important legal protections.

Do I still owe a debt if the time limit has passed?

Yes. Even if the time limit has passed, the debt still exists, and debt collectors can contact you to ask for payment. 

However, they cannot:

• Sue you in court to collect a time-barred debt.
• Threaten to sue you over a time-barred debt.

If a collector does sue you, you can use the expired time limit as a legal defense. If they threaten to sue you, they may be breaking the law. 

It's your right to know if a debt is time-barred. 

• You can ask the debt collector directly or seek legal advice if you're unsure.
• Learn how to get more information about a debt.

Will a time-barred debt affect my credit score?

Yes. Even if you can't be sued, a time-barred debt can still appear on your credit report and lower your credit score.

A debt can stay on your credit report for up to seven years from the date you first missed a payment, making it harder to get loans or credit. 

To check if a debt is still listed on your credit report, you can request a free copy at AnnualCreditReport.com.

What should I do if I am contacted about an old debt?

If you're contacted about a debt you think may be time-barred:

Don't agree to pay or say the debt is yours until you get more information.

• A debt collector may try to get you to make a small introductory payment on an old debt. This can reset the clock and allow them to sue you.
• It's okay to tell them you won't talk about the debt until you get more information.

Ask for proof.

• Send a dispute letter to get more information about the debt, including whether it's time-barred. 
• Read our guide to sending a dispute letter.

Know your options.

• If you can afford to pay, consider settling with them or setting up a payment plan.
• If you can't pay, you don't have to, but collectors can still contact you as long as they don't threaten legal action.
• Read more about your options in debt collection.

Know your rights. 

• If a debt collector threatens to sue you over a time-barred debt, they may be breaking the law.
• What debt collectors can and cannot do—and your options if they break the rules.

Get legal help:

• Search Oregon Law Help's Legal Directory for free and low-cost legal services.
• Contact the Oregon State Bar Lawyer Referral Service for a low-cost consultation with a consumer protection lawyer.

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