Credit Card Debt Statute of Limitations in Kentucky
Last verified 2026-07 · Source: KRS § 413.120 ✓ verified · 3 sources
The deadline
5 years
from the date of last payment, or when the debt first became due if no payment was ever made, under KRS § 413.120.
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The deadline to sue over unpaid credit card debt in Kentucky is 5 years, set by KRS § 413.120. It starts running on the date of last payment, or when the debt first became due if no payment was ever made. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Kentucky Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Credit Card Debt | 5 years | KRS § 413.120 |
| Car Accident | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Medical Malpractice | 1 yr | KRS 413.140(1)(e), (2) |
| Wrongful Death | 1 yr | KRS § 411.130; KRS § 413.180 |
| Personal Injury | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Dog Bite | 1 yr | KRS § 258.235(4) |
| Slip and Fall | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Defamation | 1 yr | KRS § 413.140(1)(d) |
| Breach of Contract | 10 yrs | KRS 413.160 |
| Medical Debt | 10 yrs | KRS § 413.160 |
When the Clock Starts
In Kentucky, the limitations period for credit card debt collection generally begins on the date of last payment, or when the debt first became due if no payment was ever made. Kentucky does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Period is contested but the applied rule is 5 yrs: courts treat credit-card debt as a contract not in writing / open (stated) account under KRS 413.120; federal courts applying KY law (e.g., Conway v. Portfolio Recovery) held it lacks the definiteness for the written-contract periods (10 yrs post-7/15/2014 under KRS 413.160; 15 yrs pre-2014 under KRS 413.090). Revival trap: a signed written acknowledgment/promise or a partial payment restarts the clock.
Source: KRS § 413.120, official Kentucky statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kentucky government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kentucky Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kentucky | 5 years | KRS § 413.120 |
| Illinois | 5 yrs | 735 ILCS 5/13-205 |
| Indiana | 6 yrs | Ind. Code § 34-11-2-9 |
| Ohio | 6 yrs | Ohio Rev. Code § 2305.07(C) |
| West Virginia | 10 yrs | W. Va. Code § 55-2-6 |
| Virginia | 3 yrs | Va. Code § 8.01-246(4) |
| Tennessee | 6 yrs | Tenn. Code Ann. § 28-3-109(a)(3) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(1) |
Frequently Asked Questions
How long do I have to sue over unpaid credit card debt in Kentucky?
You have 5 years from the date of last payment, or when the debt first became due if no payment was ever made, under KRS § 413.120.
Can I still sue after 5 years in Kentucky?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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Sources
- Official KRS 413.120 — Actions to be brought within five years (Kentucky Legislature official)
- Corroborating Kentucky Revised Statutes § 413.120 (Justia US Codes)
- Corroborating Statute of Limitations in All 50 States (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kentucky attorney.