Alaska gives a creditor three years to sue on a contract [1]. A note payable at a set time has six years [2], and a court judgment can be sued on for ten [3]. But a payment restarts the clock [5], and so can a signed written promise to pay [4].
At a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Contract or liability, express or implied | 3 years | AS 09.10.053 |
| Note payable at a definite time | 6 years after the due date (or accelerated due date) | AS 45.03.118(a) |
| Breach of a contract for the sale of goods | 4 years | AS 45.02.725 |
| Judgment of a U.S. or state court | 10 years | AS 09.10.040 |
The three-year rule
Unless a lawsuit is started within three years, a creditor can’t sue on a contract or liability, express or implied [1].
Two exceptions to know about:
- Promissory notes payable at a definite time get six years after the due date, or after the accelerated due date if the lender called the whole loan due [2].
- Sales of goods: a claim for breach of a contract to sell goods has four years [6].
Which deadline applies can depend on the paperwork behind the debt. If you’re sued on an old account, it’s fair to ask what agreement the creditor is relying on.
When the clock starts, and restarts
The deadlines run from when the claim accrues [9]. For a mutual, open and current account with charges and credits on both sides, the claim accrues on the date of the last item proved in the account [7].
Two things can give a creditor a fresh start:
- A payment. When a past-due payment of principal or interest is made, the time to sue starts over from the last payment [5].
- A signed written promise. An acknowledgment or promise to pay counts only if it’s in writing and signed by the person being charged [4]. A spoken promise isn’t enough [4].
Time out of state can pause it
If a person leaves Alaska or hides after a claim accrues, the time they’re gone or concealed isn’t counted [10]. If a claim accrues while the person is already out of state, the creditor can sue within the normal period after they return [10]. Whether this applies to you can depend on the facts, so ask a lawyer if you’ve moved in and out of Alaska.
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Collectors can still contact you and ask for payment, but they can’t sue or threaten to sue over a time-barred debt [11].
The deadline isn’t automatic in court. If you’re sued on an old debt, you have to raise the statute of limitations yourself [11]. Read the papers, answer by the deadline, and say the debt is too old. If you don’t respond, the court can enter a judgment against you.
Judgments
Once a creditor wins in court, an action on the judgment has to be brought within ten years [3]. If five years pass after the judgment without a writ of execution being issued, the creditor needs a court order to get one, and the court grants it if there are just and sufficient reasons for the delay [12].
The credit report clock is different
How long an old debt shows on your credit report is a federal rule, not an Alaska one. Under the Fair Credit Reporting Act, most accounts placed for collection or charged off can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [8]. With Alaska’s short three-year deadline, a debt can often stay on your report for years after the creditor has lost the right to sue.
Accurate information can stay for the full reporting period. If something is wrong, such as an old debt reported with the wrong dates or past the seven-year limit, you have the right to dispute it with the credit bureaus for free. For more, see BestAmerica’s guide to how long negative items stay on a credit report.
Want a professional to handle it? A credit repair company can pull your reports from all three bureaus, look for old debts that are re-aged, duplicated or reported past the time limit, and send and follow up on the disputes for you, which takes a lot of paperwork and back-and-forth off your plate. Federal law protects you when you hire one: you get a written contract that spells out the services, the total cost and how long it will take [14], you can cancel within three business days [15], and the company can’t charge you until it has performed the services it promised [13]. Accurate, current information can’t be removed, and results vary. See BestAmerica’s guide to how credit repair works.
Where to get help
- Legal aid: free legal help may be available if you’re sued and your income qualifies.
- Consumer Financial Protection Bureau: takes complaints about debt collectors [11].
- A consumer attorney: worth a call if you’re sued on an old debt.
Sources
- AS 09.10.053: Contract actions to be brought in three years
- AS 45.03.118: Statute of limitations (notes)
- AS 09.10.040: Action upon judgment or sealed instrument in 10 years
- AS 09.10.200: Acknowledgment or promise
- AS 09.10.210: Past due payments
- AS 45.02.725: Statute of limitations in contracts for sale
- AS 09.10.110: Accrual of cause of action upon mutual, open, and current account
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- AS 09.10.010: General limitations on civil actions
- AS 09.10.130: Effect of absence from state or concealment
- CFPB: What is a statute of limitations on a debt?
- AS 09.35.020: Issuance of execution after five years
- 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 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.
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See Credit Squad →Common questions
What is the statute of limitations on debt in Alaska?
Three years for an action on a contract or liability, express or implied. A promissory note payable at a definite time has six years from its due date, and an action on a judgment must be brought within ten years.
Does making a payment restart the statute of limitations in Alaska?
Yes. Alaska law says that when a past-due payment of principal or interest is made, the time to sue starts over from the date of the last payment. A promise to pay restarts it only if it's in writing and signed.
Does leaving Alaska pause the statute of limitations?
It can. Under Alaska law, if a person leaves the state or hides after a claim accrues, the time they're gone or concealed doesn't count toward the deadline.
How long can a collection account stay on my credit report?
That's a separate federal rule. Under the Fair Credit Reporting Act, most collection and charged-off accounts can be reported for seven years, starting 180 days after the delinquency began, whatever Alaska's deadline to sue is.