Does a partial payment restart the statute of limitations on a promissory note?
In many states, yes. A partial payment restarts or tolls the statute of limitations on a promissory note by statute in eight of the 17 states below, and all 17 require a written, signed acknowledgment before a promise to pay can extend the deadline.
The statute of limitations is your deadline to sue after the borrower defaults. Our post on the promissory note statute of limitations by state lists the base periods, and the statute of limitations lookup finds yours. This table covers what happens when a borrower pays a little or admits the debt along the way.
| State | Partial payment | Written acknowledgment or promise | Citation |
|---|---|---|---|
| California | Restarts: any payment on a promissory note stops the clock and starts a new period, but cannot revive a barred claim | Must be in a writing signed by the debtor | Cal. Civ. Proc. Code § 360 |
| Washington | Restarts if made before the period expires; a later payment does not revive the claim | Signed writing required; one made after the period expires does not revive it | Wash. Rev. Code §§ 4.16.270, 4.16.280 |
| Nevada | Restarts from the last payment made after the due date; a payment after the period expires does not revive it | Signed writing required | Nev. Rev. Stat. §§ 11.200, 11.390 |
| Oregon | Restarts from the last payment of principal or interest made after it came due | Signed writing required | Or. Rev. Stat. §§ 12.230, 12.240 |
| Kansas | A new full period runs from the payment | A signed written acknowledgment or promise starts a new period | Kan. Stat. § 60-520 |
| Ohio | A new full period runs from the payment | A signed written acknowledgment or promise starts a new period | Ohio Rev. Code § 2305.08 |
| Illinois | A new 10-year period runs from a payment or new promise made in writing | Same 10-year restart for a written promise to pay | 735 ILCS 5/13-206 |
| Florida | Payment of principal or interest on a written instrument tolls the period | A promise to pay a barred debt must be in writing and signed | Fla. Stat. §§ 95.04, 95.051 |
| New York | Statute preserves the effect of a payment; for consumer credit transactions, a payment after the period expires does not revive or extend it | A signed writing is the only competent evidence | N.Y. Gen. Oblig. Law § 17-101; N.Y. C.P.L.R. 214-i |
| North Carolina | Statute preserves the effect of a payment | Signed writing required | N.C. Gen. Stat. § 1-26 |
| Minnesota | Statute preserves the effect of a payment | Signed writing required | Minn. Stat. § 541.17 |
| Texas | Not addressed in the cited section | Signed writing required to defeat limitations | Tex. Civ. Prac. & Rem. Code § 16.065 |
| Michigan | Not addressed in the cited section | A signed writing revives even a claim that is already barred | Mich. Comp. Laws § 600.5866 |
| Virginia | Not addressed in the cited section | A signed written promise, or an acknowledgment implying one, gives a new period as long as the original | Va. Code § 8.01-229(G) |
| Arizona | Not addressed in the cited section | Signed writing required | Ariz. Rev. Stat. § 12-508 |
| Massachusetts | Not addressed in the cited section | Signed writing required | Mass. Gen. Laws ch. 260, § 13 |
| Missouri | Not addressed in the cited section | Writing subscribed by the debtor required | Mo. Rev. Stat. § 516.320 |
Payment rules fall into three groups
The first group writes the restart into statute. California says any payment on a promissory note counts as an acknowledgment that stops the clock and starts a new period. Oregon, Nevada, and Washington run the period from the last payment made after the debt came due. Kansas and Ohio start a new full period after a payment, Illinois gives 10 years from a payment or written promise, and Florida says a payment of principal or interest on a written instrument tolls the period.
The second group, New York, North Carolina, and Minnesota, requires a signed writing for an acknowledgment but adds that the rule doesn't alter "the effect of a payment of principal or interest," which leaves payment rules to the courts. The third group, Texas, Michigan, Virginia, Arizona, Massachusetts, and Missouri, addresses written acknowledgments and promises in the cited sections and says nothing about payments.
Timing is the trap. In Washington and Nevada, a payment made before the deadline extends it, but a payment after the period has run doesn't revive the claim, and Washington says the same about a late written acknowledgment. California's section 360 also says no payment by itself revives a barred claim, and New York applies that rule to consumer credit transactions under CPLR 214-i. Michigan goes the other way for signed writings: a written acknowledgment or promise revives a contract claim even after the period has run.
Joint borrowers add a wrinkle. In Kansas, a payment or acknowledgment by one co-borrower doesn't cost the others their limitations defense unless they knew of it and consented, or later ratified it.
A Washington example with dates
Washington gives six years to sue on a written contract. Say a note's balloon payment was due June 1 of year one and never paid, so the clock would run out on June 1 of year seven. On September 15 of year four, the borrower sends $500. Under RCW 4.16.270, the period restarts from that payment, which moves the deadline to September 15 of year ten, about three years and three months past the original date.
Now move the payment. If the borrower pays nothing until August 1 of year seven, two months after the deadline passed, that $500 restarts nothing and the claim stays time-barred. A signed letter admitting the debt on that date wouldn't help either, because RCW 4.16.280 bars a late acknowledgment from reviving the claim.
So keep dated records of every payment you receive, and don't count on a late payment to rescue an expired claim. An installment promissory note with a payment ledger makes those records easy to keep.
Sources
- California Code of Civil Procedure 360
- Washington RCW 4.16.040
- Washington RCW 4.16.270
- Washington RCW 4.16.280
- Nevada Revised Statutes chapter 11
- Oregon Revised Statutes chapter 12
- Kansas Statutes 60-520
- Ohio Revised Code 2305.08
- Illinois 735 ILCS 5/13-206
- Florida Statutes 95.04
- Florida Statutes 95.051
- New York General Obligations Law 17-101
- New York CPLR 214-I
- North Carolina General Statutes 1-26
- Minnesota Statutes 541.17
- Texas Civil Practice and Remedies Code chapter 16
- Michigan Compiled Laws 600.5866
- Code of Virginia 8.01-229
- Arizona Revised Statutes 12-508
- Massachusetts General Laws ch. 260, section 13
- Missouri Revised Statutes 516.320
Sarah McCullen is a writer covering personal finance, lending agreements, and everyday legal documents. Sarah transforms complex promissory note terms into clear, practical guidance so individuals can create and understand agreements without unnecessary confusion.
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