In Indiana, a creditor generally has six years to sue over an unpaid account, an unwritten agreement, or a promissory note or contract to pay money [1]. That covers most consumer debts. But once a creditor wins in court, the judgment can follow you for up to 20 years [1].
At a glance
- Accounts
- 6 years [1]
- Contracts not in writing
- 6 years [1]
- Promissory notes, contracts to pay money
- 6 years [1]
- Judgment lien on real estate
- 10 years, can be extended [1]
- Credit report
- About 7 years from first delinquency, separately [2]
| Type of claim | Deadline |
|---|---|
| Accounts | 6 years |
| Contracts not in writing | 6 years |
| Promissory notes and contracts for the payment of money | 6 years |
| Rent | 6 years |
| Personal injury, damage to personal property | 2 years |
| Judgment lien on real estate | 10 years, extendable |
| Enforcing a judgment | Up to 20 years |
When the clock starts
For a contract, the time limit starts when the contract is broken [1]. For most consumer debts, that’s when you stopped paying as agreed. Once the deadline passes, the creditor can’t bring a lawsuit [1].
Six years is the period the Indiana Office of Court Services lists for the claims most consumer debts fall under. Its list isn’t exhaustive, and which category a debt falls into can matter [1]. If you’re sued on a debt that’s close to the line, a lawyer can check which deadline applies.
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Collectors can still contact you and ask you to pay, but they can’t sue or threaten to sue you over it [3].
The deadline isn’t automatic in court. If a collector sues on an old debt anyway, you have to raise the statute of limitations yourself [3]. In Indiana, many debt cases are filed in small claims court, and a collector suing on an account has to file an Affidavit of Debt with the claim [1]. Read the notice of claim, go to court on the date listed, and tell the judge the debt is too old. If you don’t show up, the court can enter a default judgment.
What can restart the clock
Judgments last much longer
If a creditor wins, the judgment changes everything:
- It’s recorded in the county’s judgment docket and becomes a lien on any real estate the debtor owns there, now or later [1].
- The lien lasts 10 years and can be extended for another 10 by bringing an action on the judgment before it runs out [1].
- The judgment itself can be enforced for up to 20 years. After that, it’s presumed paid [1].
- To collect, the creditor can file proceedings supplemental. The debtor is ordered to court to answer questions under oath about income and assets, and wages can be garnished [1].
So even a debt that was close to its six-year deadline can be collected for decades if it turns into a judgment.
The credit report clock is different
How long a debt can appear on your credit report is a separate, federal rule. 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. The seven years start 180 days after the delinquency began [2].
A debt can fall off your report while it’s still within Indiana’s six-year window to sue, or stay on your report after the deadline to sue has passed. Accurate information can be reported for the full period. If something is wrong, or still listed after the reporting period ends, you can dispute it with the credit bureaus for free. BestAmerica explains how long negative items stay on a credit report.
Where to get help
- Indiana Legal Help and local legal aid programs: help for eligible people facing a debt lawsuit.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [3].
- A consumer attorney: worth a call if you’re sued on an old debt or the amount looks wrong.
Sources
Common questions
How long can a creditor sue on a debt in Indiana?
Six years for most consumer debts. Indiana's court system lists six years for accounts, contracts not in writing, and promissory notes or contracts for the payment of money. The clock generally starts when the contract is broken, such as a missed payment.
How long does a court judgment last in Indiana?
A recorded judgment is a lien on the debtor's real estate in that county for 10 years, and it can be extended. The judgment itself can be enforced for up to 20 years, after which it is presumed paid.
Does an old debt stay on my credit report after Indiana's deadline to sue?
The two clocks are separate. Under the federal Fair Credit Reporting Act, most collection and charged-off accounts can be reported for seven years, starting 180 days after the delinquency began. That's unrelated to Indiana's six-year deadline to sue.