Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Tennessee
How long a creditor or debt collector has to sue you over a debt in Tennessee, 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. Tennessee has no special credit-card statute, so courts apply the general 6-year contract period under §28-3-109. Watch one wrinkle: a store card tied to the purchase of goods can be argued as a UCC sale of goods, which carries a shorter 4-year period under §47-2-725. For a standard bank card, 6 years is the figure cited by the courts and consumer sources.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
This is the Tennessee trap. A voluntary partial payment, or words or conduct that clearly acknowledge the debt, can imply a new promise to pay and restart the entire 6-year clock from the date of that payment or promise (the rule in the Graves v. Sawyer line of cases). Even a small payment on an old or "zombie" debt can hand a collector a fresh window to sue. Do not pay or acknowledge an old debt without getting advice first.
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 Tennessee classifies each debt type.
| Debt type | Limit in Tennessee | How it's classified |
|---|---|---|
| Credit card | 6 years | Contract (§28-3-109) |
| Written contract | 6 years | — |
| Oral contract | 6 years | Tennessee gives oral contracts the same 6-year period as written ones. Most states cut the oral period shorter, so this catches people off guard. |
| Open account | 6 years | Tennessee has no separate open-account statute, so an open account falls under the general 6-year contract clock (§28-3-109). One exception: an account for the sale of goods can be treated as a UCC sale and drop to 4 years (§47-2-725). |
| Promissory note | 6 years (§47-3-118) | A note payable at a definite time runs 6 years from the due date, or from the accelerated due date if the balance is called early. |
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 Tennessee debtors get wrong
Tennessee runs almost everything through one statute: §28-3-109 sets a 6-year limit for "actions on contracts not otherwise expressly provided for." That means written contracts, oral contracts, open accounts, and ordinary credit cards all sit on the same 6-year clock, which is unusual because most states put oral debts on a shorter timer. Promissory notes get their own 6-year rule under §47-3-118, measured from the note's due date. The one number that can shift is a debt for the sale of goods: a store account or card tied to buying merchandise can be treated as a UCC sale and drop to 4 years under §47-2-725. The bigger risk here is revival. Tennessee courts treat a voluntary payment or a clear acknowledgment as a new promise that restarts the whole clock, so one small payment on an old debt can undo years of waiting.
Common questions
What is the statute of limitations on credit-card debt in Tennessee?
Six years. Tennessee has no separate credit-card statute, so courts apply the general 6-year contract period under §28-3-109. A store card used to buy goods can be argued down to 4 years as a UCC sale (§47-2-725), but a standard bank card is 6 years.
Is the oral-contract deadline really the same 6 years as a written one in Tennessee?
Yes. Unlike many states that shorten the clock for verbal agreements, Tennessee puts oral and written contracts both under the 6-year period in §28-3-109. If you thought an old handshake debt expired faster, it likely did not.
Can a partial payment restart the debt clock in Tennessee?
Yes, and this is the main trap. Tennessee courts treat a voluntary payment or a clear acknowledgment as an implied new promise to pay, which restarts the full 6-year period from that date. Even a $5 payment on an old debt can revive a collector's right to sue, so get advice before you pay or admit an old balance.
When does the Tennessee debt clock start running?
Generally at default, which for a credit card or revolving account usually means the date of your last payment or first missed payment. For installment loans, each missed payment can trigger its own separate 6-year clock.
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.