Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Kentucky
How long a creditor or debt collector has to sue you over a debt in Kentucky, 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.
Best current read is 5 years, but this is genuinely unsettled in Kentucky. No Kentucky appellate court has decided how to classify credit-card debt, so it is not a fixed number. Federal courts sitting in Kentucky have leaned toward 5 years under KRS 413.120, reasoning that a card agreement is not definite enough to be a "written contract" (see Conway v. Portfolio Recovery Associates and Fulk v. LVNV Funding). Creditors sometimes argue for the longer written-contract period instead, which would be 10 years for cards opened on or after July 15, 2014 (or 15 years before that). Treat the number as 5 years but expect a creditor to push for 10.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
A voluntary partial payment, or a signed written acknowledgment or new promise to pay, can restart the Kentucky clock and give a creditor a fresh full period. The safest written trigger is a signed acknowledgment, but treat any payment on an old debt as potentially reviving it. A statute of limitations does not erase the debt; it only limits the time to sue, and reviving it can undo that protection.
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 Kentucky classifies each debt type.
| Debt type | Limit in Kentucky | How it's classified |
|---|---|---|
| Credit card | 5 years (contested) | Contract not in writing (open question) |
| Written contract | 10 years (executed on/after Jul 15, 2014) | Written contracts signed on or after July 15, 2014 carry a 10-year period under KRS 413.160. Contracts signed before that date use the old 15-year period under KRS 413.090. |
| Oral contract | 5 years (KRS 413.120) | A contract not in writing, whether express or implied, is 5 years under KRS 413.120(1). |
| Open account | 5 years (KRS 413.120) | Open and merchant accounts fall under the 5-year period of KRS 413.120. KRS 413.130 says the clock on a mutual account runs from the date of the last item. |
| Promissory note | 6 years (UCC §3-118 / KRS 355.3-118) | A negotiable promissory note is 6 years under KRS 355.3-118 (Kentucky's version of UCC §3-118). A non-negotiable note may instead be treated as an ordinary written contract. |
2014 Ky. Acts ch. 142 (effective 2014-07-15): The written-contract limitation period was cut from 15 years to 10 years. The 10-year period in KRS 413.160 applies to written contracts executed on or after July 15, 2014; contracts signed before that date keep the old 15-year period under KRS 413.090.
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 Kentucky debtors get wrong
Kentucky changed its written-contract clock in 2014, so the date you signed matters. A written contract executed on or after July 15, 2014 has a 10-year limitation under KRS 413.160, while one signed before that date keeps the older 15-year period under KRS 413.090. Oral or unwritten contracts are 5 years under KRS 413.120. Credit-card debt is the hard part: no Kentucky appellate court has settled whether a card agreement is a "written contract" or an unwritten one, and federal courts in Kentucky have leaned toward the shorter 5-year period, while creditors often argue for 10. Because of that split, the credit-card number here is best read as 5 years with a real chance a creditor claims 10. And note the warning that applies statewide: a partial payment or a signed written promise can restart the clock even on an old debt.
Common questions
What is the statute of limitations on credit-card debt in Kentucky?
It is unsettled. The best current read is 5 years under KRS 413.120, and federal courts in Kentucky have leaned that way, treating a card agreement as not definite enough to be a written contract. But no Kentucky appellate court has decided the point, and creditors often argue for the 10-year written-contract period. Treat it as 5 years and expect a possible fight over 10.
Why does Kentucky have both a 10-year and a 15-year contract limit?
A 2014 amendment (effective July 15, 2014) cut the written-contract period from 15 years to 10. Contracts executed on or after that date use the 10-year period in KRS 413.160; contracts signed before it keep the 15-year period in KRS 413.090. So the signing date decides which applies.
How long is the limit on an oral or handshake debt in Kentucky?
Five years. KRS 413.120 gives a 5-year period for a contract not in writing, whether express or implied, and the same 5-year period generally covers open and merchant accounts.
Can a payment restart the debt clock in Kentucky?
Yes. A voluntary partial payment, or a signed written acknowledgment or new promise to pay, can restart the clock and give a creditor a fresh full period. A statute of limitations does not erase the debt; it limits the time to sue, and reviving it undoes that protection, so be careful before paying or signing anything on an old debt.
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.