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Time-barred debt

Time-barred debt — A time-barred debt is a debt for which the applicable statute of limitations has expired, and Regulation F flatly prohibits a debt collector from bringing or threatening to bring legal action to collect it.

The definition and prohibition sit at 12 C.F.R. § 1006.26(a)(2) and (b), effective November 30, 2021; the ban carries no knowledge or intent element, so a good-faith miscalculation of the limitations period is still a violation. The rule excepts proofs of claim filed in bankruptcy. Earlier CFPB practice went further by contract: the September 9, 2015 Encore consent order required specific scripted disclosures on out-of-statute accounts, including "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it." Which state's limitations period applies, and whether a partial payment revives it, remain matters of state law that Regulation F does not resolve.

Primary sources

  1. 12 C.F.R. § 1006.26; In re Encore Capital Grp., 2015-CFPB-0022 (Sept. 9, 2015)

See also

  • Suit-readinessSuit-readiness is the pre-filing determination that an account carries the documentation, ownership proof, balance support, and limitations-period clearance needed to sustain a collection lawsuit.
  • Consent orderA consent order is a negotiated administrative order in which a respondent agrees, without necessarily admitting the findings, to conduct requirements, compliance obligations, and monetary relief enforceable by the issuing agency.
  • Promise to payA promise to pay, or PTP, is a consumer's commitment during a contact to pay a stated amount on a stated date, logged on the account and used to schedule follow-up and suppress other collection activity until the date passes.

Where this appears

Last reviewed 2026-07-29

This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.

About Otto

Otto builds collections case management for the US law firms this vocabulary belongs to.