Credit Card Debt Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D. Cent. Code § 28-01-16(1) ✓ verified · 3 sources
The deadline
6 years
from the date of default — the first missed payment; for an open account, the date of the last item proved on either side, under N.D. Cent. Code § 28-01-16(1).
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North Dakota law sets a hard deadline of 6 years to sue over unpaid credit card debt. The controlling statute is N.D. Cent. Code § 28-01-16(1), and the clock generally starts on the date of default — the first missed payment; for an open account, the date of the last item proved on either side. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Credit Card Debt | 6 years | N.D. Cent. Code § 28-01-16(1) |
| Car Accident | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Dog Bite | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Defamation | 2 yrs | N.D.C.C. § 28-01-18 |
| Breach of Contract | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Debt | 6 yrs | N.D.C.C. § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for credit card debt collection generally begins on the date of default — the first missed payment; for an open account, the date of the last item proved on either side. North Dakota 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.
Credit-card debt is sued on as a contract/open account under § 28-01-16(1) — 6 years; for an open account the clock runs from the last item in the account (§ 28-01-37). Revival trap: North Dakota ALLOWS revival — a partial payment or a signed written acknowledgment/new promise restarts the clock (N.D. Cent. Code § 28-01-36).
Source: N.D. Cent. Code § 28-01-16(1), official North Dakota 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 North Dakota 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 North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16(1) |
| Minnesota | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
| South Dakota | 6 yrs | SDCL § 15-2-13(1) |
| Montana | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
Frequently Asked Questions
How long do I have to sue over unpaid credit card debt in North Dakota?
You have 6 years from the date of default — the first missed payment; for an open account, the date of the last item proved on either side, under N.D. Cent. Code § 28-01-16(1).
Can I still sue after 6 years in North Dakota?
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 North Dakota Legislative Branch — N.D. Cent. Code ch. 28-01 (§ 28-01-16, official Century Code PDF)
- Corroborating FindLaw — North Dakota Century Code § 28-01-16
- Corroborating Nolo — Statute of Limitations by State (ND written/oral contract = 6 years)
- 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 North Dakota attorney.