Kansas sets its deadlines to sue on a debt by whether the agreement is in writing. A written agreement, contract or promise gets five years [1]. A contract that’s expressed or implied but not in writing gets three years [2]. And a payment, or a signed written promise to pay, can start the period over [3].
At a glance
- Written agreement, contract or promise
- 5 years [1]
- Contract not in writing (expressed or implied)
- 3 years [2]
- Payment on the debt
- Starts a new period [3]
- Acknowledgment or promise to pay
- Starts a new period only if written and signed [3]
- Judgments
- Go dormant after 5 years without renewal or collection [4]
- Credit report
- About 7 years, a separate federal rule [6]
| Type of claim | Deadline | Law |
|---|---|---|
| Agreement, contract or promise in writing | 5 years | K.S.A. 60-511(1) |
| Contract, obligation or liability expressed or implied but not in writing | 3 years | K.S.A. 60-512(1) |
| Liability created by a statute (other than a penalty or forfeiture) | 3 years | K.S.A. 60-512(2) |
| Judgment | Dormant 5 years after entry or last renewal or collection step | K.S.A. 60-2403 |
Written or not written?
The line Kansas draws is whether the debt rests on an agreement, contract or promise in writing. Those claims have five years [1]. Contracts, obligations and liabilities that are expressed or implied but not in writing have three years [2].
Which side of that line a particular credit card, medical bill or loan falls on isn’t always clear, and the answer can change the deadline by two years. If you’re sued and the date matters, that’s a question for a lawyer or legal aid.
What starts the clock over
Under K.S.A. 60-520, in any case founded on a contract, the creditor can sue within the full limitations period counted from the latest of these [3]:
- a payment of any part of the principal or interest, or
- an acknowledgment of the debt, or a promise to pay it, but only if it’s in writing and signed by the person who owes it.
A spoken promise over the phone doesn’t restart the Kansas clock; a payment of any size does [3].
If two or more people owe a debt jointly, one person’s payment or written promise doesn’t restart the clock for the others unless they knew about it and agreed [3].
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Federal consumer regulators say debt collectors can’t sue, or threaten to sue, on a time-barred debt [7].
The deadline doesn’t protect you automatically, though. If you’re sued, it’s ordinarily up to you to point out that the statute of limitations has run, and a court can still enter a judgment against you if you don’t show up and raise it [7]. Read the summons, respond by the deadline, and say the debt is too old.
When judgments go dormant
Once a creditor wins in court, a different clock runs. A Kansas judgment becomes dormant if, within five years of the judgment (or of the last renewal or collection step), the creditor doesn’t file a renewal affidavit or start collection such as a garnishment [4]. A dormant judgment stops working as a lien on the debtor’s real estate [4].
The creditor can still revive a dormant judgment by motion filed within two years after it went dormant [5]. Once a judgment has been dormant for two years, the judge must release it of record when asked [4]. Judgments for child support, and judgments for court costs, fees, fines or restitution entered after July 1, 2015, don’t go dormant [4].
The credit report clock is separate
How long an old debt shows on your credit report is set by the federal Fair Credit Reporting Act, not by Kansas’s deadlines to sue. Collection and charged-off accounts generally can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [6]. A debt can drop off your report while it can still be collected, or stay on your report after Kansas’s deadline to sue has passed.
Accurate information can stay for the whole period. If an entry is wrong, or still showing after the period ends, it can be disputed with the credit bureaus for free. BestAmerica’s guide to how long negative items stay on a credit report covers the federal timelines.
Help with your credit reports
Old collection accounts sometimes show up with the wrong dates, balances or owners. A credit repair company can pull your reports from all three bureaus, spot entries that look inaccurate, outdated or unverifiable, and handle the disputes and follow-up with each bureau for you, which saves real time when several old accounts are involved.
Federal law regulates credit repair to protect you. The company must give you a written contract that lists the services, the total cost and how long the work will take [9]. You have three business days after signing to cancel [10]. And the company can’t charge you until it has fully performed the services it promised [8]. You can also file disputes on your own. Either way, accurate and current information can’t be removed, and results differ from person to person.
Where to get help
- Kansas Legal Services: help for people who’ve been sued over a debt.
- 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, especially one signed under another state’s law.
Sources
- K.S.A. 60-511, Actions limited to five years
- K.S.A. 60-512, Actions limited to three years
- K.S.A. 60-520, Part payment or acknowledgment of liability
- K.S.A. 60-2403, Judgment, when dormant; release of record
- K.S.A. 60-2404, Revivor of dormant judgment
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- Consumer Financial Protection Bureau: What is a statute of limitations on a debt?
- 15 U.S.C. § 1679b, Prohibited practices (Cornell LII)
- 15 U.S.C. § 1679d, Credit repair organizations contracts (Cornell LII)
- 15 U.S.C. § 1679e, Right to cancel contract (Cornell LII)
Next steps
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Credit repair company
Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
Learn about Credit Saint →Free financial app
Bolster
Bolster is a free app for keeping an eye on your credit and building credit history over time.
Check the app's terms for any optional paid features.
See Bolster →Credit monitoring and credit builder
Credit Squad
Credit Squad watches your credit and identity and alerts you to changes. Its credit builder, included with every plan, reports your monthly payment to all three credit bureaus as an on-time installment payment.
Paid monthly subscription; see Credit Squad's site for current plans and terms. Credit building depends on on-time payments, and results vary.
See Credit Squad →Common questions
What is the statute of limitations on debt in Kansas?
Five years for an action on an agreement, contract or promise in writing (K.S.A. 60-511), and three years for contracts, obligations or liabilities that are expressed or implied but not in writing (K.S.A. 60-512).
Does a payment restart the statute of limitations in Kansas?
Yes. Under K.S.A. 60-520, when any part of the principal or interest is paid on a contract debt, a creditor can sue within the full limitations period counted from that payment. A written, signed acknowledgment of the debt or promise to pay it has the same effect. A spoken promise doesn't.
How long is a judgment good for in Kansas?
A Kansas judgment becomes dormant if the creditor doesn't file a renewal affidavit or start collection within five years of the judgment or of the last renewal or collection step. A dormant judgment can be revived within two years; after it has been dormant for two years, the judge must release it on request. Child support judgments don't go dormant.
Does the Kansas statute of limitations decide how long a debt stays on my credit report?
No. That's a federal rule. Most collection and charged-off accounts can be reported for about seven years, counted from 180 days after the delinquency began, whether or not the debt can still be sued on in Kansas.