Rhode Island debt statute of limitations

Rhode Island limitation periods by type of debt

Rhode Island has no shorter contract period, so debt defaults to the general 10-year civil-action limit (§ 9-1-13(a)).

What the Rhode Island statute says

“(a) Except as otherwise specially provided, all civil actions shall be commenced within ten (10) years next after the cause of action shall accrue, and not after.”
R.I. Gen. Laws § 9-1-13(a)

“(a) Except as otherwise specially provided, all civil actions shall be commenced within ten (10) years next after the cause of action shall accrue, and not after.”
R.I. Gen. Laws § 9-1-13(a)

Does paying restart the clock in Rhode Island?

We have not confirmed Rhode Island’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.

Rhode Island’s own debt collection law

The Rhode Island Fair Debt Collection Practices Act (R.I. Gen. Laws ch. 19-14.9) regulates the collection of consumer debts, defined as obligations arising from personal, family, or household transactions.

“(4) “Debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes, whether or not the obligation has been reduced to judgment.”
R.I. Gen. Laws § 19-14.9-3(4) (ch. 19-14.9, Rhode Island Fair Debt Collection Practices Act)

If a creditor wins a judgment in Rhode Island

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 Rhode Island rules take over.

How long a judgment lasts

In Rhode Island, actions on judgments of a court of record must be brought within twenty years after the cause of action accrues.

“The following actions shall be commenced and sued within twenty (20) years next after the cause of action shall accrue and not after: actions on contracts or liabilities under seal; and actions on judgments or decrees of any court of record of the United States, or of any state.”
R.I. Gen. Laws § 9-1-17

Wage garnishment

Rhode Island's exemption statute fully exempts wages of debtors receiving (or recently receiving) public relief, and for other debtors exempts wages only up to $50; the federal garnishment limits in 15 U.S.C. § 1673 still apply separately.

“The salary or wages due or payable to any other debtor, not exceeding the sum of fifty dollars ($50.00).”
R.I. Gen. Laws § 9-26-4(8)(iii)

Money in a bank account

Rhode Island exempts savings or other deposits in a bank or financial institution up to $500 from attachment.

“Savings or other deposits held in a banking or financial institution not exceeding the sum of five hundred dollars ($500).”
R.I. Gen. Laws § 9-26-4(18)

Small claims court

Rhode Island small claims procedure applies to contract and certain consumer actions for money only up to $5,000, excluding interest and costs, at the plaintiff's election.

“In all ex contractu civil actions and in any action to recover the amount of any tax for money only not in excess of five thousand dollars ($5,000) exclusive of interest and costs”
R.I. Gen. Laws § 10-16-1

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 Rhode Island 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 Rhode Island?

10 years for credit-card debt and 10 years on a written contract, under R.I. Gen. Laws § 9-1-13. The period usually runs from your last payment or the date of default.

Does Rhode Island have its own debt collection law?

The Rhode Island Fair Debt Collection Practices Act (R.I. Gen. Laws ch. 19-14.9) regulates the collection of consumer debts, defined as obligations arising from personal, family, or household transactions. (R.I. Gen. Laws § 19-14.9-3(4) (ch. 19-14.9, Rhode Island Fair Debt Collection Practices Act)).

How long does a court judgment last in Rhode Island?

In Rhode Island, actions on judgments of a court of record must be brought within twenty years after the cause of action accrues. (R.I. Gen. Laws § 9-1-17).

How much of my pay can be garnished in Rhode Island?

Rhode Island's exemption statute fully exempts wages of debtors receiving (or recently receiving) public relief, and for other debtors exempts wages only up to $50; the federal garnishment limits in 15 U.S.C. § 1673 still apply separately. (R.I. Gen. Laws § 9-26-4(8)(iii)).

What if I am sued on an old debt in Rhode Island?

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.