Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in North Dakota
How long a creditor or debt collector has to sue you over a debt in North Dakota, 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.
Six years. North Dakota puts contracts, open accounts, and credit-card balances on one clock under §28-01-16(1), so there is no shorter open-account trap here. The period runs from the point the account went into default, usually after your last payment.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
North Dakota lets a debt clock restart two ways. A new promise or acknowledgment only counts if it is in a writing signed by the person being charged (§28-01-36). But that same section preserves the effect of a payment: a voluntary partial payment of principal or interest can restart the full 6-year period on its own, with no signature needed. Be careful before paying or signing anything on an old debt, because either step can reopen the clock.
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 North Dakota classifies each debt type.
| Debt type | Limit in North Dakota | How it's classified |
|---|---|---|
| Credit card | 6 years | Contract / open account (§28-01-16) |
| Written contract | 6 years | Contract or obligation, express or implied (§28-01-16(1)). |
| Oral contract | 6 years | North Dakota does not split oral from written contracts. Both sit at 6 years under §28-01-16(1). |
| Open account | 6 years | Open accounts run 6 years. Under §28-01-37, a mutual open account accrues from the last item on either side. |
| Promissory note | 6 years | Treated as a contract obligation under §28-01-16(1). |
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 North Dakota debtors get wrong
North Dakota keeps its debt clock unusually simple: written contracts, oral contracts, open accounts, promissory notes, and credit cards all share one 6-year limitations period under N.D.C.C. §28-01-16(1). Many states split oral from written or push credit cards onto a shorter open-account clock, but North Dakota does not, so the same six years applies across the board. The clock generally starts when the account fell into default, usually right after your last payment. The main exception people trip on is the sale of goods, which the Uniform Commercial Code holds to 4 years, and court judgments, which run 10 years. Watch the revival rules closely: a written signed promise can restart the clock under §28-01-36, and a voluntary partial payment can do the same. Because both moves can reopen a debt that was about to expire, think carefully before paying or signing anything on an old North Dakota account.
Common questions
What is the statute of limitations on credit-card debt in North Dakota?
Six years. North Dakota treats credit cards like any other contract or open account under N.D.C.C. §28-01-16(1), so the 6-year period applies. The clock generally runs from your last payment or the point of default.
Is the limit different for a spoken agreement in North Dakota?
No. Unlike many states that give oral contracts a shorter window, North Dakota puts oral and written contracts on the same 6-year clock under §28-01-16(1).
Can a partial payment restart the debt clock in North Dakota?
Yes. Section 28-01-36 requires any new promise or acknowledgment to be a signed writing, but it expressly preserves the effect of a payment. A voluntary partial payment of principal or interest can restart the full 6-year period on its own, so be cautious before paying anything on an old debt.
Does the North Dakota 6-year limit apply to promissory notes and medical or personal loans?
Yes. Promissory notes, medical debt, and most personal or auto loans are contract obligations under §28-01-16(1), so they carry the same 6-year period. The notable exception is a sale of goods, which the Uniform Commercial Code limits to 4 years.
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.