Kentucky Statute of Limitations on Debt: How Long Can You Be Sued?

In Kentucky, the deadline to sue on a written contract depends on when the contract was signed: 15 years for a written agreement executed before July 15, 2014, and 10 years for one executed on or after July 15, 2014. A 2014 change to Kentucky law (KRS 413.090 and related provisions) shortened the period going forward, which is why the signing date matters so much. For debts that are not based on a signed writing — including many credit card balances and other open accounts — Kentucky generally applies a much shorter 5-year limit under KRS 413.120. Once the applicable period runs out, the debt is “time-barred,” and an expired statute of limitations is a complete defense — but only if you raise it in court.

How long Kentucky gives a creditor to sue

Kentucky’s civil statutes of limitations are found in Chapter 413 of the Kentucky Revised Statutes. The deadline turns on how the debt is classified:

• Written contracts (signed before July 15, 2014): 15 years. This was Kentucky’s historic rule under KRS 413.090 and still governs older written agreements.
• Written contracts (signed on or after July 15, 2014): 10 years. Kentucky’s legislature reduced the period for newer written contracts, so most recent signed loan agreements fall under the 10-year window.
• Oral or unwritten contracts and open accounts: 5 years under KRS 413.120. This shorter period commonly applies to debts that are not memorialized in a single signed writing.
• Promissory notes and other negotiable instruments: Kentucky’s version of the Uniform Commercial Code (KRS 355.3-118) sets a 6-year limit for many negotiable instruments. A promissory note may also be treated as a written contract depending on its terms, which is one reason these cases can be fact-specific.

Credit card debt is the gray area that catches most consumers off guard. Collectors often argue a credit card account is a written contract entitled to the longer period, while consumers frequently argue it is an open or unwritten account subject to the 5-year rule under KRS 413.120. How a particular account is classified can depend on the cardholder agreement and the documents the creditor can actually produce. Because the answer affects whether a lawsuit is timely, this is a question worth raising specifically with a Kentucky attorney or legal aid office.

When does the clock start?

The limitations period in Kentucky generally begins to run when the cause of action “accrues” — for most debts, that means when you breach the agreement. In practical terms, the clock usually starts on the date of your first missed payment that you never cured, or the date the account went into default. It does not reset simply because the debt was sold to a debt buyer or transferred from one collector to another. A junk-debt buyer steps into the original creditor’s shoes and inherits the same accrual date.

This date matters enormously. To know whether a debt is time-barred, you need to identify the date of your last payment or the date of default, then count forward by the period that matches the debt type. If that deadline has already passed, the creditor has lost the right to win a lawsuit on the debt — assuming nothing restarted the clock.

The trap: how a payment or acknowledgment can restart the clock

This is the single most important rule for Kentucky consumers to understand. A debt that is close to being time-barred — or even one that has already expired — can have its limitations period revived or restarted by your own actions. Under longstanding Kentucky law, a partial payment on a debt, or a new written promise or written acknowledgment of the debt, can restart the clock and give the creditor a fresh period to sue.

That means a single small payment to “show good faith,” or a signed letter or email admitting you owe the balance, can wipe out a defense you would otherwise have had. Debt collectors know this, and some deliberately push old, near-expired debts (sometimes called “zombie debt”) hoping you will make a token payment that resets everything. Before you pay anything, acknowledge anything in writing, or sign a settlement on an old debt, confirm whether the statute of limitations has already run. If it has, making a payment can be the costliest mistake you make.

Be cautious about even verbal acknowledgments. While Kentucky generally requires a written promise to revive a barred debt, the safest practice is to avoid admitting the debt is yours, agreeing to a payment plan, or making any payment until you have verified the dates and the debt’s validity.

An expired statute of limitations is a defense you must raise

Here is the catch that ruins many otherwise-winnable cases: in Kentucky, the statute of limitations is an affirmative defense. Under the Kentucky Rules of Civil Procedure (CR 8.03), affirmative defenses generally must be raised in your written answer to the lawsuit. If you ignore the summons, fail to file an answer, or simply do not show up, the court can enter a default judgment against you — even on a debt that was completely time-barred. The judge will not throw out a stale lawsuit on your behalf; you have to assert the defense.

So if you are served with a debt collection complaint in Kentucky:

• Do not ignore it. Note the deadline to respond and file a written answer with the court before it expires.
• Raise the statute of limitations explicitly in your answer if the debt is older than the applicable period.
• Make the collector prove the dates. The plaintiff must establish a timely claim; you can demand documentation of the last payment date, the account agreement, and the chain of ownership.
• Get advice. A consumer-protection attorney or local legal aid program can confirm which limitations period applies and whether the clock was ever restarted.

How federal law fits in

Federal law adds protection on top of Kentucky’s rules. The federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692 and following) bars third-party debt collectors from using false or misleading tactics. Federal regulators and courts have treated suing or threatening to sue on a debt the collector knows is time-barred as a potential FDCPA violation. If a collector files suit on an expired Kentucky debt, you may have a counterclaim, not just a defense.

Separately, the federal Fair Credit Reporting Act (FCRA) limits how long most negative debts can appear on your credit report — generally about 7 years. Note that the credit-reporting period and the statute of limitations are two different clocks: a debt can legally remain on your report after it becomes too old to sue on, and it can stop appearing on your report while a lawsuit is still technically possible. Do not assume the two timelines match.

Kentucky does not have a more generous wage-garnishment cap than federal law for ordinary consumer debts; the federal limit under the Consumer Credit Protection Act generally caps garnishment at 25% of disposable earnings (or the amount above 30 times the federal minimum wage, whichever is less). This matters because a creditor that wins a judgment within the limitations period can pursue garnishment, which is one more reason not to let a time-barred case slide into a default judgment.

Where to verify and get help in Kentucky

Statutes and court interpretations change, and the exact period that applies to your debt can hinge on details in your paperwork. Confirm the current law before relying on any deadline:

• Kentucky Revised Statutes, Chapter 413 — the official limitations statutes (including KRS 413.090 and KRS 413.120), published by the Kentucky Legislative Research Commission.
• Office of the Kentucky Attorney General, Office of Consumer Protection — Kentucky’s consumer-protection authority. It accepts complaints about abusive debt collection and publishes consumer guidance.
• Legal aid programs such as the Legal Aid Society and Kentucky Legal Aid, which help qualifying residents respond to debt lawsuits.

The bottom line: in Kentucky, you can be sued for 15 years on older written contracts, 10 years on newer ones, and as little as 5 years on unwritten or open accounts — but only if the clock has not been restarted by a payment or written acknowledgment, and only if you fail to raise the expired deadline in court. Check the dates, avoid actions that reset the clock, and always file an answer.

This article is general information, not legal advice. For guidance on your specific situation, consult a licensed Kentucky attorney.

Official Kentucky Sources

This page is based on Kentucky law. Limits and deadlines change — verify the current details directly with the official Kentucky sources below. This is general legal information, not legal advice.

• Kentucky Office of the Attorney General - Office of Consumer Protection — official Kentucky agency.
• Consumer Complaints - File a Consumer Complaint & Mediation Request (Kentucky Attorney General)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Kentucky’s own rules.