Idaho debt statute of limitations

Idaho limitation periods by type of debt

Open-account/unwritten debt is 4 years (§ 5-217); written contracts 5 years.

What the Idaho statute says

“Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing.”
Idaho Code § 5-216

“Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.”
Idaho Code § 5-217

Does paying restart the clock in Idaho?

A signed written acknowledgment restarts the period, and a payment of principal or interest counts as one (Idaho Code § 5-238).

“No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.”
Idaho Code § 5-238

Idaho’s own debt collection law

Idaho's collection agency law (Idaho Code title 26, ch. 22) requires licensed collection agencies to deal openly, fairly, and honestly, and lets the state director enforce the federal Fair Debt Collection Practices Act against them.

“(1) Every licensee or person required to be licensed under this chapter and its agents shall deal openly, fairly, and honestly without deception in the conduct of its business activities in this state under this chapter.”
Idaho Code § 26-2229A(1)-(2)

If a creditor wins a judgment in Idaho

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Idaho rules take over.

How long a judgment lasts

In Idaho, a recorded judgment lien lasts ten years from the judgment (§ 10-1110); before it expires, the court may on motion enter an order renewing the judgment, which continues the lien for another ten years from the renewal order and restarts the time limit for an action on the judgment.

“Unless the judgment has been satisfied, at any time prior to the expiration of the lien created by section 10-1110, Idaho Code, or any renewal thereof, the court that entered the judgment, other than a judgment for child support, may, upon motion, renew such judgment by entry of an order renewing judgment.”
Idaho Code §§ 10-1110, 10-1111(1)

Wage garnishment

Idaho limits wage garnishment to the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage; support orders, Chapter 13 orders, and tax debts are excepted.

“the maximum amount of the aggregate disposable earnings of an individual for any work week which is subjected to garnishment shall not exceed (a) twenty-five per cent (25%) of his disposable earnings for that week, or (b) the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage”
Idaho Code § 11-207(1)

Small claims court

As amended in 2026, Idaho's small claims department hears money claims of up to $15,000 (and personal property claims up to $15,000 in value), and cannot award punitive damages or damages for pain and suffering.

“which shall have jurisdiction in cases for the recovery of money where the amount of each claim does not exceed fifteen thousand dollars ($15,000), and in cases for the recovery of personal property where the value of the property does not exceed fifteen thousand dollars ($15,000)”
Idaho Code § 1-2301 (as amended by 2026 Idaho Sess. Laws ch. 196)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Idaho treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Idaho?

4 years for credit-card debt and 5 years on a written contract, under Idaho Code § 5-216; § 5-217. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Idaho?

A signed written acknowledgment restarts the period, and a payment of principal or interest counts as one (Idaho Code § 5-238).

Does Idaho have its own debt collection law?

Idaho's collection agency law (Idaho Code title 26, ch. 22) requires licensed collection agencies to deal openly, fairly, and honestly, and lets the state director enforce the federal Fair Debt Collection Practices Act against them. (Idaho Code § 26-2229A(1)-(2)).

How long does a court judgment last in Idaho?

In Idaho, a recorded judgment lien lasts ten years from the judgment (§ 10-1110); before it expires, the court may on motion enter an order renewing the judgment, which continues the lien for another ten years from the renewal order and restarts the time limit for an action on the judgment. (Idaho Code §§ 10-1110, 10-1111(1)).

How much of my pay can be garnished in Idaho?

Idaho limits wage garnishment to the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage; support orders, Chapter 13 orders, and tax debts are excepted. (Idaho Code § 11-207(1)).

What if I am sued on an old debt in Idaho?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.