Statute of Limitations Lookup
Deadlines for enforcing a promissory note, suing on a written contract, or bringing a sale-of-goods claim, by US state.
Select your state above to see the deadlines.
Three Numbers, One Note
A defaulted promissory note can give rise to several types of claims, each with its own deadline:
- Promissory note: The UCC Article 3 deadline for collecting on a negotiable note: six years everywhere except Louisiana (five).
- Written contract: The state's general contract deadline. Catches related contract claims (breach, misrepresentation) and may govern notes that are not negotiable.
- Sale of goods (UCC §2-725): 4 years, relevant when a note is tied to a financed sale of goods (vehicles, equipment). Louisiana has not adopted UCC Article 2; its Civil Code governs sales there.
If your loan was tied to a sale, the shorter UCC limit may control even when the longer note limit looks reassuring. When in doubt, file before the shortest deadline.
Frequently Asked Questions
What is the statute of limitations on a promissory note?
The statute of limitations is the legal deadline for a lender to file a lawsuit to collect on a defaulted promissory note. Once it expires, the borrower can have the case dismissed even if the debt is genuinely owed. Every state has adopted UCC Article 3, which gives lenders six years to sue on a standard (negotiable) promissory note, measured from the due date. Louisiana is the exception at five years. A note that does not qualify as a negotiable instrument generally falls under the state's ordinary written-contract deadline instead, which ranges from 3 to 10 years.
When does the clock start on a defaulted note?
For a fixed-payment note, the clock generally starts on the date of the missed payment (or the maturity date if the note is paid in a single lump sum). For a demand note, it starts when the lender first demands payment; under UCC 3-118(b), if no demand is ever made, enforcement is barred once neither principal nor interest has been paid for a continuous period of 10 years. For installment notes, each missed installment may have its own clock unless the lender invokes an acceleration clause, which restarts the deadline for the full balance.
Does a partial payment restart the clock?
In most states, yes. A voluntary partial payment by the borrower or a written acknowledgment of the debt typically resets the statute of limitations and starts a new full period from the date of that payment or acknowledgment. This is why some lenders pursue token payments from borrowers near the deadline. Rules vary by state and the acknowledgment usually has to be in writing.
What is the difference between the written contract and promissory note limits?
The promissory note number is the UCC Article 3 deadline for negotiable instruments: six years in every state, five in Louisiana. The written contract number is the state's general deadline for suits on a written contract, which can be shorter (3 years in North Carolina) or longer (10 years in Kentucky for contracts signed after July 15, 2014, and 15 years for older ones). Courts apply the negotiable-instrument deadline to most standard notes; a note that lacks the formal requirements of negotiability may fall under the general contract rule instead.
Can the parties extend or shorten the statute of limitations in the note?
A note can usually shorten the deadline by written agreement, within reason. Extending the deadline is harder - many states will not enforce a contractual extension beyond the statutory cap, especially for consumer loans. Choice-of-law clauses can also affect which state's deadline applies. If you are drafting a note for a long-term loan, consult an attorney about how to preserve enforcement rights.
What happens to the debt after the statute of limitations expires?
The debt itself does not disappear, but the lender loses the right to sue to collect it. The borrower can raise the expired statute of limitations as a defense to any lawsuit. The debt may still appear on credit reports for the standard reporting period (up to 7 years from first delinquency under the Fair Credit Reporting Act), and a lender can still ask for voluntary payment - they just cannot force it through the courts.
Does a notarized note get a longer deadline?
Generally no. Notarization helps prove the signature is genuine and makes the note easier to enforce in court, but it does not change the statute of limitations in most states. A few states historically gave sealed instruments longer deadlines, but most have abolished that distinction. The deadline is set by what kind of claim you are bringing, not by how the document was executed.
Is this tool a substitute for legal advice?
No. This tool is a free reference for general planning. The years shown are widely-cited general values, but the actual deadline depends on the type of note, the date of default, the state whose law governs, and any tolling, partial-payment, or acknowledgment rules that may apply. Always consult a licensed attorney in your state before relying on these numbers for any actual collection action.
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