Credit Card Debt Statute of Limitations in Louisiana

Last verified 2026-07 · Source: La. Civ. Code art. 3494 ✓ verified · 3 sources

The deadline

3 years

from the date of default — the last payment or last charge; prescription runs from the last transaction on the account, under La. Civ. Code art. 3494.

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Under La. Civ. Code art. 3494, you have 3 years from the date of default — the last payment or last charge; prescription runs from the last transaction on the account to sue over unpaid credit card debt in Louisiana. Miss it and you lose the right to sue — but several Louisiana-specific exceptions can extend (or shorten) that window, detailed below.

Louisiana Deadlines for Related Claims

When the Clock Starts

In Louisiana, the limitations period for credit card debt collection generally begins on the date of default — the last payment or last charge; prescription runs from the last transaction on the account. Louisiana 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

Louisiana calls it liberative prescription, not a statute of limitations; credit-card debt is an open account (also 'money lent') under art. 3494(4), giving 3 years. Revival trap: an acknowledgment of the debt interrupts prescription (art. 3464) and a partial payment restarts the 3-year period from scratch.

Source: La. Civ. Code art. 3494, official Louisiana statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Louisiana government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Louisiana Compares to Nearby States

StateDeadlineStatute
Louisiana3 yearsLa. Civ. Code art. 3494
Texas 4 yrs Tex. Civ. Prac. & Rem. Code § 16.004(a)(3)
Arkansas 5 yrs Ark. Code Ann. § 16-56-111(a)
Mississippi 3 yrs Miss. Code Ann. § 15-1-29

Frequently Asked Questions

How long do I have to sue over unpaid credit card debt in Louisiana?

You have 3 years from the date of default — the last payment or last charge; prescription runs from the last transaction on the account, under La. Civ. Code art. 3494.

Can I still sue after 3 years in Louisiana?

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

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Louisiana attorney.