asset: time-barred-debt-revival-rules-by-state

asset_type: jurisdictional-variation

body: Once a debt's statute of limitations has run, a collector can still call and can still get you to pay something — and in roughly half the states, doing so restarts the clock and makes the whole balance suable again ('zombie debt'). The existing state-civil-statute-of-limitations asset here answers how long the original clock runs; this one answers the question people actually face when a collector calls about an old account: if I make a payment or acknowledge the debt in writing now, does that revive a claim that already expired? States split cleanly and the split is not obvious from the general SOL length. Ohio and California statutes say a signed written acknowledgment or a payment starts a new limitations period running. New York and Minnesota statutes say the opposite in as many words: no payment, written or oral affirmation, or other activity on the debt revives or extends an expired period. One record per state, quoted verbatim from that state's own code, not from a debt-settlement company's summary — those pages are written to encourage the outcome (making a payment) that some of these statutes penalize. Answers 'does paying old debt restart the clock', 'zombie debt revival by state', 'will a partial payment restart the statute of limitations'. This is a deadline/eligibility lookup, not legal advice: whether a specific payment or acknowledgment counts, and what happens after re-aging on a credit report, are separate questions the statute doesn't always answer.

key_field: state

licence: Facts taken from US state statutes, each with a verbatim attributed quote and a link back to the publishing legislature or revisor. The text of a state statute is an edict of government and carries no copyright (Wheaton v. Peters; restated in Georgia v. Public.Resource.Org, 2020). No whole chapter is reproduced. No source used here carries a restrictive notice.

title: Does paying old debt restart the statute of limitations, by state

type: dataset


body:
**State:** Arizona

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment not addressed

**How the statute states the rule:** When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby.

**Section:** 12-508

> 12-508. Effect of acknowledgment upon barred action

> 12-508. Effect of acknowledgment upon barred action When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby.

Source: <https://www.azleg.gov/ars/12/00508.htm>

state: Arizona

title: Arizona — Does paying old debt restart the statute of limitations, by state

type: jurisdictional-variation

unverified_fields: state


body:
**State:** California

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment alone does not revive

**How the statute states the rule:** no such payment of itself shall revive a cause of action once barred

**Section:** CCP 360

> California Code, CCP 360.

> No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby, provided that any payment on account of principal or interest due on a promissory note made by the party to be charged shall be deemed a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as any such payment is made, the running of the time within which an action may be commenced upon the principal sum or upon any installment of principal or interest due on such note, and to start the running of a new period of time, but no such payment of itself shall revive a cause of action once barred.

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=360.&lawCode=CCP>

citation: CCP 360

quote_citation: California Code, CCP 360.

state: California

title: California — Does paying old debt restart the statute of limitations, by state


body:
**State:** Florida

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment not addressed

**How the statute states the rule:** An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

**Section:** 95.04

> 95.04 Promise to pay barred debt.

> 95.04 Promise to pay barred debt. — An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

Source: <https://www.flsenate.gov/Laws/Statutes/2024/95.04>

quote_citation: 95.04 Promise to pay barred debt.

state: Florida

title: Florida — Does paying old debt restart the statute of limitations, by state


body:
**State:** Idaho

**Does payment or acknowledgment revive the clock:** A payment or a signed writing restarts the clock

**How the statute states the rule:** No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.

**Section:** 5-238

> 5-238. Acknowledgment or new promise

> No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.

Source: <https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-238/>

quote_citation: 5-238. Acknowledgment or new promise

state: Idaho

title: Idaho — Does paying old debt restart the statute of limitations, by state


body:
**State:** Kansas

**Does payment or acknowledgment revive the clock:** A payment or a signed writing restarts the clock

**How the statute states the rule:** In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

**Section:** 60-520

> 60-520. Part payment or acknowledgment of liability.

> In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

Source: <https://www.ksrevisor.gov/statutes/chapters/ch60/060_005_0020.html>

state: Kansas

title: Kansas — Does paying old debt restart the statute of limitations, by state


body:
**State:** Massachusetts

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment not addressed

**How the statute states the rule:** No acknowledgment or promise shall be evidence of a new or continuing contract whereby to take an action of contract out of the operation of this chapter or to deprive a party of the benefit thereof, unless such acknowledgment or promise has been made by, or is contained in, a writing signed by the party chargeable thereby.

**Section:** Chapter 260, Section 13

> General Law - Part III, Title V, Chapter 260, Section 13

> Section 13. No acknowledgment or promise shall be evidence of a new or continuing contract whereby to take an action of contract out of the operation of this chapter or to deprive a party of the benefit thereof, unless such acknowledgment or promise has been made by, or is contained in, a writing signed by the party chargeable thereby.

Source: <https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section13>

citation: Chapter 260, Section 13

state: Massachusetts

title: Massachusetts — Does paying old debt restart the statute of limitations, by state


body:
**State:** Minnesota

**Does payment or acknowledgment revive the clock:** Payment or acknowledgment after expiry does not revive

**How the statute states the rule:** After its expiration, the statute of limitations is not revived by the collection of a payment on an account, a discharge in a bankruptcy proceeding, or an oral or written reaffirmation of the debt.

**Section:** 541.053

> 541.053 LIMITATION OF ACTIONS BASED ON CONSUMER DEBT.

> actions upon an obligation arising out of a consumer debt primarily for personal, family, or household purposes shall be commenced within six years. After its expiration, the statute of limitations is not revived by the collection of a payment on an account, a discharge in a bankruptcy proceeding, or an oral or written reaffirmation of the debt.

Source: <https://www.revisor.mn.gov/statutes/cite/541.053>

state: Minnesota

title: Minnesota — Does paying old debt restart the statute of limitations, by state


body:
**State:** Missouri

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment not addressed

**How the statute states the rule:** or deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing subscribed by the party chargeable thereby

**Section:** 516.320

> 516.320. Actions barred, only revived by written promise.

> 516.320. Actions barred, only revived by written promise. — In actions founded on any contract, no acknowledgment or promise hereafter made shall be evidence of a new or continuing contract, whereby to take any case out of the operation of the provisions of sections <https://revisor.mo.gov/main/OneChapterRng.aspx?tb1=516.100 to 516.370> 516.100 to 516.370 , or deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing subscribed by the party chargeable thereby.

Source: <https://revisor.mo.gov/main/OneSection.aspx?section=516.320>

state: Missouri

title: Missouri — Does paying old debt restart the statute of limitations, by state


body:
**State:** Nebraska

**Does payment or acknowledgment revive the clock:** A payment or a signed writing restarts the clock

**How the statute states the rule:** when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made in writing, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise

**Section:** 25-216

> 25-216. Part payment; acknowledgment of debt; effect upon accrual.

> In any cause founded on contract, when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made in writing, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise

Source: <https://nebraskalegislature.gov/laws/statutes.php?statute=25-216>

state: Nebraska

title: Nebraska — Does paying old debt restart the statute of limitations, by state


body:
**State:** Nevada

**Does payment or acknowledgment revive the clock:** Payment or acknowledgment after expiry does not revive

**How the statute states the rule:** any payment on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive the applicable limitation

**Section:** NRS 11.200

> NRS 11.200 Computation of time.

> Notwithstanding any other provision of law, any payment on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive the applicable limitation.

Source: <https://www.leg.state.nv.us/nrs/nrs-011.html>

quote_citation: NRS 11.200 Computation of time.

state: Nevada

title: Nevada — Does paying old debt restart the statute of limitations, by state


body:
**State:** New York

**Does payment or acknowledgment revive the clock:** Payment or acknowledgment after expiry does not revive

**How the statute states the rule:** any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend the limitations period

**Section:** NY CPLR § 214-I

> NY CPLR § 214-I (2022)

> Notwithstanding any other provision of law, when the applicable limitations period expires, any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend the limitations period.

Source: <https://law.justia.com/codes/new-york/2022/cvp/article-2/214-i/>

citation: NY CPLR § 214-I

state: New York

title: New York — Does paying old debt restart the statute of limitations, by state


body:
**State:** North Carolina

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; the statute expressly preserves the effect of a payment

**How the statute states the rule:** No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest.

**Section:** § 1-26

> § 1-26. New promise must be in writing.

> New promise must be in writing. No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest.

Source: <https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-26.html>

quote_citation: § 1-26. New promise must be in writing.

state: North Carolina

title: North Carolina — Does paying old debt restart the statute of limitations, by state


body:
**State:** Ohio

**Does payment or acknowledgment revive the clock:** A payment or a signed writing restarts the clock

**How the statute states the rule:** an action may be brought thereon within the time limited by sections 2305.06 and 2305.07 of the Revised Code, after such payment, acknowledgment, or promise

**Section:** 2305.08

> Section 2305.08 | Partial payment.

> If payment has been made upon any demand founded on a contract, or a written acknowledgment thereof, or a promise to pay it has been made and signed by the party to be charged, an action may be brought thereon within the time limited by sections 2305.06 and 2305.07 of the Revised Code, after such payment, acknowledgment, or promise.

Source: <https://codes.ohio.gov/ohio-revised-code/section-2305.08>

quote_citation: Section 2305.08 | Partial payment.

state: Ohio

title: Ohio — Does paying old debt restart the statute of limitations, by state


body:
**State:** Oregon

**Does payment or acknowledgment revive the clock:** A payment or a signed writing restarts the clock

**How the statute states the rule:** Whenever any payment of principal or interest is made after it has become due, upon an existing contract, whether it is a bill of exchange, promissory note, bond, or other evidence of indebtedness, the limitation shall commence from the time the last payment was made.

**Section:** 12.240

> 12.240 Effect of payment after obligation becomes due.

> No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest. 12.240 Effect of payment after obligation becomes due. Whenever any payment of principal or interest is made after it has become due, upon an existing contract, whether it is a bill of exchange, promissory note, bond, or other evidence of indebtedness, the limitation shall commence from the time the last payment was made.

Source: <https://www.oregonlegislature.gov/bills_laws/ors/ors012.html>

state: Oregon

title: Oregon — Does paying old debt restart the statute of limitations, by state


body:
**State:** South Carolina

**Does payment or acknowledgment revive the clock:** A payment or a signed writing restarts the clock

**How the statute states the rule:** No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter unless it be contained in some writing signed by the party to be charged thereby. But payment of any part of principal or interest is equivalent to a promise in writing.

**Section:** SECTION 15-3-120

> SECTION 15-3-120. Effect of new promises in writing or part payments.

> SECTION 15-3-120. Effect of new promises in writing or part payments. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter unless it be contained in some writing signed by the party to be charged thereby. But payment of any part of principal or interest is equivalent to a promise in writing.

Source: <https://www.scstatehouse.gov/code/t15c003.php>

state: South Carolina

title: South Carolina — Does paying old debt restart the statute of limitations, by state


body:
**State:** Virginia

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment not addressed

**How the statute states the rule:** If any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action

**Section:** § 8.01-229

> § 8.01-229. Suspension or tolling of statute of limitations

> Effect of new promise in writing. 1. If any person against whom a right of action has accrued on any contract, other than a judgment or recognizance, promises, by writing signed by him or his agent, payment of money on such contract, the person to whom the right has accrued may maintain an action for the money so promised, within such number of years after such promise as it might be maintained if such promise were the original cause of action. An acknowledgment in writing, from which a promise of payment may be implied, shall be deemed to be such promise within the meaning of this subsection.

Source: <https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-229/>

state: Virginia

title: Virginia — Does paying old debt restart the statute of limitations, by state


body:
**State:** Washington

**Does payment or acknowledgment revive the clock:** Payment after expiry does not revive

**How the statute states the rule:** Any payment on the contract made after the limitation period has expired shall not restart, revive, or extend the limitation period.

**Section:** RCW 4.16.270

> RCW 4.16.270 Effect of partial payment.

> When any payment has been or shall be made upon any existing contract prior to its applicable limitation period having expired, whether the contract is a bill of exchange, promissory note, bond, or other evidence of indebtedness, if the payment is made after it is due, the limitation period shall restart from the time the most recent payment was made. Any payment on the contract made after the limitation period has expired shall not restart, revive, or extend the limitation period.

Source: <https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.270>

quote_citation: RCW 4.16.270 Effect of partial payment.

revival_rule: Payment after expiry does not revive

state: Washington

title: Washington — Does paying old debt restart the statute of limitations, by state


body:
**State:** West Virginia

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; payment not addressed

**How the statute states the rule:** If any person against whom the right shall have so accrued on an award, or on any such contract, shall by writing signed by him or his agent promise payment of money on such award or contract, the person to whom the right shall have so accrued may maintain an action or suit for the moneys so promised within such number of years after such promise as it might originally have been maintained within upon the award or contract

**Section:** §55-2-8

> §55-2-8. Acknowledgment by new promise.

> If any person against whom the right shall have so accrued on an award, or on any such contract, shall by writing signed by him or his agent promise payment of money on such award or contract, the person to whom the right shall have so accrued may maintain an action or suit for the moneys so promised within such number of years after such promise as it might originally have been maintained within upon the award or contract

Source: <https://code.wvlegislature.gov/55-2-8/>

quote_citation: §55-2-8. Acknowledgment by new promise.

state: West Virginia

title: West Virginia — Does paying old debt restart the statute of limitations, by state


body:
**State:** Wisconsin

**Does payment or acknowledgment revive the clock:** A signed writing restarts the clock; the statute expressly preserves the effect of a payment

**How the statute states the rule:** No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby.

**Section:** 893.45

> 893.45 Acknowledgment or new promise.

> Acknowledgment or new promise. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby.

Source: <https://docs.legis.wisconsin.gov/statutes/statutes/893/iv/45>

quote_citation: 893.45 Acknowledgment or new promise.

quote_revival_rule: 893.48 Payment, effect of, not altered. Nothing contained in ss. <https://docs.legis.wisconsin.gov/document/statutes/893.44> 893.44 to <https://docs.legis.wisconsin.gov/document/statutes/893.47> 893.47 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person

state: Wisconsin

title: Wisconsin — Does paying old debt restart the statute of limitations, by state