Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Kansas
How long a creditor or debt collector has to sue you over a debt in Kansas, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Likely three years. Kansas courts often treat a credit-card balance as an open account or liability not in writing under K.S.A. §60-512 (3 years), because the issuer usually cannot produce a signed cardholder agreement. If a signed written agreement is produced, a court could apply the five-year written-contract period under K.S.A. §60-511 instead. The classification is genuinely debated, and several consumer sites list five years, so treat three as the shorter, likely floor rather than a settled rule.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Warning: in Kansas the clock can restart. Under K.S.A. §60-520, a part payment of principal or interest, or a written and signed acknowledgment or promise to pay, starts a fresh limitation period from the date of that payment, acknowledgment or promise. A bare partial payment can restart the clock on its own, so avoid paying, promising to pay, or signing anything about an old debt before you check whether it is already time-barred.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Kansas classifies each debt type.
| Debt type | Limit in Kansas | How it's classified |
|---|---|---|
| Credit card | 3 years | Open account (debated) |
| Written contract | 5 years (K.S.A. §60-511) | K.S.A. §60-511(1) sets five years for an action upon any agreement, contract or promise in writing. |
| Oral contract | 3 years (K.S.A. §60-512) | K.S.A. §60-512(1) sets three years for contracts, obligations or liabilities expressed or implied but not in writing. |
| Open account | 3 years (K.S.A. §60-512) | An open or unwritten account is a liability not in writing, so the three-year period of K.S.A. §60-512 applies. |
| Promissory note | 6 years (K.S.A. §84-3-118) | A promissory note is a negotiable instrument. K.S.A. §84-3-118(a) gives six years to enforce a note payable at a definite time. A plain written promise to pay that is not a negotiable note falls under the five-year written-contract rule instead. |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Kansas debtors get wrong
Kansas splits its debt clock in two. A written, signed contract carries a five-year limit under K.S.A. §60-511, while an oral agreement, an implied obligation, or an open account runs out in three years under K.S.A. §60-512. That two-year gap is where most Kansas credit-card fights happen: if the collector cannot produce a signed cardholder agreement, the debt looks like an open account on the shorter three-year clock, but if a signed written contract surfaces, a court may apply the five-year period. Several consumer sites simply call Kansas credit cards a five-year written contract, so the classification is genuinely unsettled. Promissory notes sit apart on their own six-year clock under the UCC, K.S.A. §84-3-118. Whatever the type, Kansas lets a part payment or a signed written promise restart the clock under K.S.A. §60-520.
Common questions
What is the statute of limitations on credit-card debt in Kansas?
Most likely three years. Kansas courts often treat a credit-card balance as an open account or liability not in writing under K.S.A. §60-512, which carries a three-year limit. If the collector produces a signed written cardholder agreement, a court could apply the five-year written-contract period under K.S.A. §60-511 instead, so the point is debated.
What is the difference between the 3-year and 5-year Kansas debt limits?
K.S.A. §60-511 gives five years for an action upon a written, signed contract or promise. K.S.A. §60-512 gives three years for contracts, obligations or liabilities that are oral, implied, or otherwise not in writing, which includes open accounts. The type of debt decides which clock applies.
Can a payment restart the debt clock in Kansas?
Yes. Under K.S.A. §60-520, a part payment of principal or interest, or a signed written acknowledgment or promise to pay, starts a fresh limitation period from the date of that act. A single partial payment can restart the clock, so be careful before paying or promising anything on an old debt.
How long is the statute of limitations on a promissory note in Kansas?
Six years. A promissory note is a negotiable instrument, and K.S.A. §84-3-118(a) gives six years to enforce a note payable at a definite time, running from the due date or an accelerated due date. A plain written IOU that is not a negotiable note falls under the five-year written-contract rule instead.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.