Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Louisiana
How long a creditor or debt collector has to sue you over a debt in Louisiana, 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.
Three years. Louisiana courts treat credit-card balances as an open account (or money lent) under La. Civ. Code art. 3494, which sets a 3-year liberative prescription. The clock generally runs from the last activity on the account, meaning your last payment or charge. This is one of the shorter card periods in the country.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Louisiana calls this "interruption," not revival. Under La. Civ. Code art. 3464, acknowledging the debt interrupts prescription, and a partial payment can count as an acknowledgment. When prescription is interrupted, the time already run is wiped out and the full period starts over (art. 3466). So a small payment or a written admission on an old card balance can restart the entire 3-year clock. Be careful before paying or signing anything on an old debt.
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 Louisiana classifies each debt type.
| Debt type | Limit in Louisiana | How it's classified |
|---|---|---|
| Credit card | 3 years | Open account / money lent (art. 3494) |
| Written contract | 10 years (art. 3499) | Ten years is the default for a personal action when no shorter period applies. Most everyday consumer debt is treated as an open account instead, which prescribes in 3 years. |
| Oral contract | 10 years (art. 3499) | Louisiana does not set a separate shorter period for oral contracts, so the 10-year default personal-action period applies unless the claim fits open account, money lent, or an instrument. |
| Open account | 3 years (art. 3494) | — |
| Promissory note | 5 years (art. 3498) | Actions on instruments and promissory notes, negotiable or not, prescribe in 5 years, running from the day payment is due (art. 3498). |
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 Louisiana debtors get wrong
Louisiana does not use the phrase "statute of limitations." It uses "liberative prescription," which is the civil-law term for the deadline after which a creditor can no longer force you to pay through the courts. The rule that trips people up is that most credit-card and consumer debt is treated as an open account under La. Civ. Code art. 3494, which prescribes in just 3 years, one of the shorter periods anywhere. That is far shorter than the 10-year default for a written contract (art. 3499), so the label a court puts on your debt matters a lot. Promissory notes and other instruments sit in the middle at 5 years (art. 3498). And because Louisiana lets a single acknowledgment or partial payment "interrupt" prescription and restart the whole clock (art. 3464), an old, nearly time-barred balance can come back to life fast.
Common questions
What is the statute of limitations on credit-card debt in Louisiana?
Three years. Louisiana calls it liberative prescription, and credit cards are treated as an open account under La. Civ. Code art. 3494. The period generally runs from your last payment or last charge on the account.
Why does Louisiana say "prescription" instead of "statute of limitations"?
Louisiana is a civil-law state, so its Civil Code uses "liberative prescription" for the deadline to sue. It works like a statute of limitations: once the period runs, the creditor loses the right to enforce the debt in court, though the debt itself is not erased.
Can a partial payment restart the clock on old debt in Louisiana?
Yes. Under art. 3464, acknowledging a debt interrupts prescription, and a partial payment can be treated as an acknowledgment. When prescription is interrupted, the time already elapsed does not count and the full period begins again. A small payment on an old card balance can restart the entire 3-year clock, so be cautious.
Is a written contract in Louisiana also 3 years?
No. The default period for a personal action, including many written contracts, is 10 years under art. 3499. Open accounts and money lent are 3 years (art. 3494), and instruments and promissory notes are 5 years (art. 3498). Which period applies depends on how the debt is classified.
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.