North Dakota keeps it simple: most debts have a six-year deadline to sue, whether the agreement was written, spoken or implied [1]. Only a signed writing can stretch that deadline [4], and if you’re sued on an old debt, it’s up to you to raise the deadline in your answer [6].
At a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Contract, obligation or liability, express or implied | 6 years | N.D.C.C. § 28-01-16(1) |
| Liability created by statute (not a penalty) | 6 years | N.D.C.C. § 28-01-16(2) |
| Breach of a contract for the sale of goods | 4 years | N.D.C.C. § 41-02-104 |
| Action on a judgment of any U.S. court or state | 10 years | N.D.C.C. § 28-01-15(1) |
| Foreclosure of a real estate mortgage | 10 years | N.D.C.C. § 28-01-15(3) |
One deadline for most debts
North Dakota’s six-year rule covers an action on a contract, obligation or liability, express or implied [1]. That takes in credit cards, personal loans, medical bills and most other consumer debts, without the written-versus-oral split some states use [1].
The exception is a contract for the sale of goods, which has four years from the breach under the Uniform Commercial Code [8]. Parties can agree to shorten that to as little as one year, but not lengthen it [8].
When the clock starts
The deadline runs from when the claim accrues [1], usually when you missed a payment and didn’t catch up. For a mutual, open and current account with demands on both sides, North Dakota treats the claim as accruing at the last item proved in the account on either side [3].
Living out of state
If you’re out of North Dakota when a claim arises, a creditor can sue here within the normal period after you return [5]. And if you move away and stay away continuously for a year or more after the claim arises, that time doesn’t count toward the deadline [5]. Neither rule applies if North Dakota courts had jurisdiction over you while you were gone [5].
Restarting the clock
An acknowledgment or a new promise to pay only extends the deadline if it’s in a writing signed by the person being charged [4]. The same law adds that it doesn’t change the effect of a payment of principal or interest [4], so a payment can still matter.
What “time-barred” means
A debt is time-barred once the deadline to sue has run out. Collectors can still contact you and ask for payment, but they can’t sue or threaten to sue over a time-barred debt [10].
In North Dakota, the statute of limitations defense can only be raised by answer [6]. If you’re sued on an old debt, file an answer by the deadline and say the debt is too old. If you don’t respond, the court can enter a judgment against you even on a debt that was past the deadline.
Judgments
A creditor who wins in court has ten years to bring an action on the judgment [2], though an action on a North Dakota judgment between the same parties within nine years of it needs the court’s permission [11]. For judgments first docketed on or after August 1, 2021, the judgment must be canceled of record twenty years after it was docketed [7].
The credit report clock is different
How long an old debt shows on your credit report is a federal rule, not a North Dakota one. Under the Fair Credit Reporting Act, most accounts placed for collection or charged off can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [9]. So a debt can drop off your report while it can still be collected in court, or stay on your report after North Dakota’s six years have passed.
Accurate information can stay for the full reporting period. If something is wrong, such as an old debt listed with the wrong dates or past the seven-year limit, you have the right to dispute it with the credit bureaus for free. For more, see BestAmerica’s guide to how long negative items stay on a credit report.
Want a professional to handle it? A credit repair company can pull your reports from all three bureaus, spot old accounts that are re-aged, duplicated or reported past the time limit, and send and follow up on the disputes across several rounds, which takes a lot of letters and tracking off your plate. Federal law protects you when you hire one: you get a written contract spelling out the services, the total cost and how long it will take [13], you can cancel within three business days [14], and the company can’t charge you until it has performed the services it promised [12]. Accurate, current information can’t be removed, and results vary. See BestAmerica’s guide to how credit repair works.
Where to get help
- Legal aid: free legal help may be available if you’re sued and your income qualifies.
- Consumer Financial Protection Bureau: takes complaints about debt collectors [10].
- A consumer attorney: worth a call if you’re sued on an old debt.
Sources
- N.D.C.C. § 28-01-16: Actions having six-year limitations
- N.D.C.C. § 28-01-15: Actions having ten-year limitations
- N.D.C.C. § 28-01-37: When claim for relief upon open account accrues
- N.D.C.C. § 28-01-36: New promise must be in writing
- N.D.C.C. § 28-01-32: Absence from state tolls limitations
- N.D.C.C. § 28-01-39: Defense of limitations to be taken by answer
- N.D.C.C. § 28-20-35: Cancellation of judgment of record
- N.D.C.C. § 41-02-104 (UCC 2-725): Statute of limitations in contracts for sale
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
- N.D.C.C. § 28-01-34: Actions upon judgments of courts of this state
- 15 U.S.C. § 1679b, Prohibited practices (Cornell LII)
- 15 U.S.C. § 1679d, Credit repair organizations contracts (Cornell LII)
- 15 U.S.C. § 1679e, Right to cancel contract (Cornell LII)
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.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
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See Credit Squad →Common questions
What is the statute of limitations on debt in North Dakota?
Six years for an action on a contract, obligation or liability, express or implied. Unlike some states, North Dakota uses the same six years whether the agreement was written or not. A breach of a contract for the sale of goods has four years under the state's Uniform Commercial Code.
Does a payment or a phone call restart the clock in North Dakota?
An acknowledgment or new promise to pay only extends the deadline if it's in a writing signed by the person being charged. The same statute says it doesn't change the effect of a payment of principal or interest, so talk to a lawyer before paying on a very old debt.
Does moving out of North Dakota pause the statute of limitations?
It can. If you leave and live out of state continuously for a year or more after a claim arises, that time doesn't count toward the deadline, unless North Dakota courts could reach you while you were gone.
How long can a collection account stay on my credit report?
That's a separate federal rule. Under the Fair Credit Reporting Act, most collection and charged-off accounts can be reported for seven years, starting 180 days after the delinquency began, no matter what North Dakota's deadline to sue is.