Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Montana
How long a creditor or debt collector has to sue you over a debt in Montana, 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.
Most sources treat Montana credit-card debt as an open account under §27-2-202(2), which is 5 years. The classification is debated: if a collector produces a signed cardholder agreement, a court could apply the 6-year written-contract period under §27-2-202(1). Absent a signed writing, 5 years is the common answer.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Montana is a restart state. Under §27-2-409, either a signed written acknowledgment of the debt or a part payment causes the statute of limitations to begin running anew. Part payment is any payment of principal or interest, so even a small voluntary payment can restart the entire clock. Be careful before paying or acknowledging 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 Montana classifies each debt type.
| Debt type | Limit in Montana | How it's classified |
|---|---|---|
| Credit card | 5 years | Open account |
| Written contract | 6 years | Reduced from 8 years to 6 years. The change took effect through Ch. 665, L. 2023 (revised May 3, 2024), so the current period is 6 years. |
| Oral contract | 5 years | — |
| Open account | 5 years | — |
| Promissory note | 6 years | A promissory note is a written instrument, so it falls under §27-2-202(1) at 6 years. |
Ch. 665, L. 2023 (revised May 3, 2024) (effective 2024-05-03): The limitations period for actions on a written contract was reduced from 8 years to 6 years.
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 Montana debtors get wrong
Montana used to have one of the longest written-contract clocks in the country at 8 years, but that number is now out of date. Under the current text of Mont. Code Ann. §27-2-202, a written contract carries a 6-year limit, after lawmakers cut it from 8 through Ch. 665, L. 2023. Debts that are not founded on a signed writing, including oral contracts and open accounts, run for 5 years under §27-2-202(2). Credit-card debt is usually treated as an open account at 5 years, though a signed cardholder agreement could push it into the 6-year written bucket, and that classification is debated. Montana is also a restart state: under §27-2-409, a part payment or a signed written acknowledgment makes the clock start over. That is why an old, nearly barred debt deserves careful handling before you pay anything.
Common questions
What is the statute of limitations on credit-card debt in Montana?
Usually 5 years. Montana courts generally treat a credit-card balance as an open account under §27-2-202(2), which carries a 5-year limit. If a collector produces a signed cardholder agreement, the 6-year written-contract period could apply instead, so the classification can be argued.
Is Montana still 8 years for written contracts?
No. That figure is out of date. Montana reduced the written-contract limit from 8 years to 6 years through Ch. 665, L. 2023 (revised May 3, 2024). The current period under §27-2-202(1) is 6 years, though many consumer sites still list the old 8-year number.
Can a partial payment restart the debt clock in Montana?
Yes. Under §27-2-409, a part payment causes the statute of limitations to begin running anew, and part payment means any payment of principal or interest. A signed written acknowledgment does the same thing. Even a small voluntary payment can reset the entire period, so be cautious with old debts.
How long is the statute of limitations on an oral debt or open account in Montana?
Five years. Under §27-2-202(2), any contract, account, or promise that is not founded on a signed written instrument runs for 5 years. That covers oral agreements and typical open accounts.
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.