Pennsylvania debt statute of limitations

Pennsylvania limitation periods by type of debt

Pennsylvania applies a single 4-year period to oral, implied, and ordinary written contract debt (§ 5525(a)).

What the Pennsylvania statute says

“(8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.”
42 Pa.C.S. § 5525(a)(8)

“(a) General rule.--Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years: (1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures. (2) Any action subject to 13 Pa.C.S. § 2725 (relating to statute of limitations in contracts for sale). (3) An action upon an express contract not founded upon an instrument in writing.”
42 Pa.C.S. § 5525(a)(3)

“(7) An action upon a negotiable or nonnegotiable bond, note or other similar instrument in writing. Where such an instrument is payable upon demand, the time within which an action on it must be commenced shall be computed from the later of either demand or any payment of principal of or interest on the instrument.”
42 Pa.C.S. § 5525(a)(7)

Does paying restart the clock in Pennsylvania?

We have not confirmed Pennsylvania’s rule from its statute text. In many states a payment or a written acknowledgment can restart the limitations period, so check before you pay anything on an old account.

Pennsylvania’s own debt collection law

Pennsylvania's Fair Credit Extension Uniformity Act defines unfair or deceptive acts and practices in the collection of debts.

“This act establishes what shall be considered unfair methods of competition and unfair or deceptive acts or practices with regard to the collection of debts.”
Fair Credit Extension Uniformity Act, Act of Mar. 28, 2000, P.L. 23, No. 7, § 2

If a creditor wins a judgment in Pennsylvania

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 Pennsylvania rules take over.

How long a judgment lasts

In Pennsylvania, an execution against personal property must be issued within 20 years after the judgment is entered (the lien on real estate is governed by separate revival rules not recorded here).

“Execution against personal property.--An execution against personal property must be issued within 20 years after the entry of the judgment upon which the execution is to be issued.”
42 Pa.C.S. § 5529(a)

Wage garnishment

Pennsylvania exempts wages, salaries and commissions held by the employer from attachment or execution, except in listed cases such as divorce, support, board for four weeks or less, certain residential-lease judgments, and other statutory exceptions — so ordinary consumer debts generally cannot be collected by wage garnishment.

“The wages, salaries and commissions of individuals shall while in the hands of the employer be exempt from any attachment, execution or other process except upon an action or proceeding: (1) Under 23 Pa.C.S. Pt. IV (relating to divorce). (2) For support. (3) For board for four weeks or less.”
42 Pa.C.S. § 8127(a)

Small claims court

Pennsylvania magisterial district judges (which handle small claims outside Philadelphia) hear civil claims where the amount demanded does not exceed $12,000, excluding interest and costs.

“Civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:”
42 Pa.C.S. § 1515(a)(3)

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 Pennsylvania 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 Pennsylvania?

4 years for credit-card debt and 4 years on a written contract, under 42 Pa. Cons. Stat. § 5525. The period usually runs from your last payment or the date of default.

Does Pennsylvania have its own debt collection law?

Pennsylvania's Fair Credit Extension Uniformity Act defines unfair or deceptive acts and practices in the collection of debts. (Fair Credit Extension Uniformity Act, Act of Mar. 28, 2000, P.L. 23, No. 7, § 2).

How long does a court judgment last in Pennsylvania?

In Pennsylvania, an execution against personal property must be issued within 20 years after the judgment is entered (the lien on real estate is governed by separate revival rules not recorded here). (42 Pa.C.S. § 5529(a)).

How much of my pay can be garnished in Pennsylvania?

Pennsylvania exempts wages, salaries and commissions held by the employer from attachment or execution, except in listed cases such as divorce, support, board for four weeks or less, certain residential-lease judgments, and other statutory exceptions — so ordinary consumer debts generally cannot be collected by wage garnishment. (42 Pa.C.S. § 8127(a)).

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

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.