Kentucky’s deadlines to sue on a debt are long compared with many states. A written contract signed after July 15, 2014 can be sued on for 10 years [1]. Older written contracts get 15 years [2]. Agreements that aren’t in writing get 5 years [3]. And a judgment, once a creditor wins, can be enforced for 15 years from the last execution [2].
At a glance
- Written contract signed after July 15, 2014
- 10 years [1]
- Written contract signed on or before July 15, 2014
- 15 years [2]
- Contract not in writing
- 5 years [3]
- Merchant's account for goods
- 5 years [3][4]
- Credit report
- About 7 years from first delinquency, separately [6]
| Type of debt | Deadline | Law |
|---|---|---|
| Written contract executed after July 15, 2014 | 10 years | KRS 413.160 |
| Written contract executed on or before July 15, 2014 | 15 years | KRS 413.090(2) |
| Contract not in writing, express or implied | 5 years | KRS 413.120(1) |
| Merchant's account for goods sold and delivered | 5 years | KRS 413.120(9) |
| Check, draft, or promissory note placed on the footing of a bill of exchange | 5 years | KRS 413.120(7) |
| Action on a judgment | 15 years from the last execution | KRS 413.090(1) |
Written or not: the deadline turns on paper
Kentucky sorts debts mainly by whether there’s a written contract.
- Written contracts executed after July 15, 2014: 10 years, unless another statute sets a different period [1].
- Written contracts executed on or before July 15, 2014: 15 years [2].
- Contracts not in writing, express or implied: 5 years [3].
Store accounts
A merchant’s account for goods sold and delivered has a 5-year limit [3]. Kentucky counts that limit from January 1 after each item was delivered, and a judgment can cover only items charged or delivered in the 5 years before the year the suit was filed [4].
Which rule applies to a particular credit card or loan depends on its paperwork and terms. If you’re sued on an old account, ask the creditor to show the written agreement it relies on.
Debts from other states
Many credit agreements name another state’s law. Kentucky has a borrowing rule: if a claim arose in another state and that state’s deadline is shorter, the claim is barred in Kentucky when the shorter period ends [5].
What can restart the clock
The Kentucky statutes we checked don’t spell out when a payment or a written promise restarts the deadline. The federal consumer bureau warns that in some states, a partial payment or simply acknowledging an old debt may restart the time period [7].
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Collectors can still ask you to pay, but they can’t sue or threaten to sue you over it [7].
If you’re sued anyway, the deadline doesn’t protect you on its own. It’s up to you to tell the court that time has run out [7]. Read the court papers, answer on time, and raise it. If you don’t, the court can enter a judgment against you.
Judgments last much longer
Once a creditor wins, Kentucky gives the creditor 15 years to bring an action on the judgment, counted from the date of the last execution on it [2]. Each new execution on the judgment starts that count again. A judgment can outlast the original debt’s deadline by many years.
If the judgment came from another state and can no longer be enforced there because of its age, it generally can’t be enforced in Kentucky either [8].
The credit report clock is different
How long a debt can appear on your credit report is a federal rule, separate from Kentucky’s deadline to sue. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, with the seven years starting 180 days after the delinquency began [6]. A debt can drop off your report while it’s still collectible in court, or stay on your report after the deadline to sue has passed.
Accurate information can be reported for that full period. If an account is wrong, or still listed after the reporting period ends, you can dispute it with the credit bureaus for free. For more on the federal timelines, see BestAmerica’s guide to how long negative items stay on a credit report.
Where to get help
- Legal aid: Kentucky’s legal aid programs can help eligible people answer a debt lawsuit.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [7].
- A consumer attorney: worth a call if you’re sued on an old debt, or on an account governed by another state’s law.
Sources
- KRS 413.160: Written contracts executed after July 15, 2014
- KRS 413.090: Judgments and older written contracts, 15 years
- KRS 413.120: Actions to be brought within five years
- KRS 413.130: When certain five-year actions accrue
- KRS 413.320: Claim barred here if barred where it arose
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
- KRS 413.330: Out-of-state judgment barred here if barred where rendered
Common questions
How long can a creditor sue on a debt in Kentucky?
It depends on the kind of debt. A written contract signed after July 15, 2014 has a 10-year limit. Written contracts from on or before that date have 15 years. Contracts that aren't in writing, and merchant's accounts for goods sold and delivered, have 5 years.
Does Kentucky use another state's shorter deadline?
Yes. If a claim arose in another state whose deadline is shorter than Kentucky's, Kentucky law bars the claim once that shorter period runs out.
How long does a court judgment last in Kentucky?
An action on a judgment must be brought within 15 years, counted from the date of the last execution on it.