Indiana Statute of Limitations on Debt
Indiana uses a six-year statute of limitations uniformly across consumer debt categories, covering both written and oral contracts. This consistency makes it straightforward to determine when a debt is time-barred.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 6 years | | Medical debt | 6 years | | Auto loans (written contract) | 6 years | | Personal loans (written contract) | 6 years | | Oral contracts | 6 years | | Promissory notes | 6 years |
The SOL clock starts from the date of default or last payment. After six years, a collector cannot obtain a judgment against you in Indiana court — though they may still attempt to contact you and the debt can remain on your credit report until the federal seven-year mark.
Be cautious: Indiana courts have held that making a partial payment on a time-expired debt can revive the SOL. Never pay toward an old account without first determining whether it's time-barred.
Indiana-Specific Consumer Protections
Indiana Deceptive Consumer Sales Act (DCSA, Indiana Code § 24-5-0.5) The DCSA prohibits deceptive acts in consumer transactions, including debt collection. Consumers can file private lawsuits and recover actual damages, attorney's fees, and in some cases additional damages for intentional violations. The Indiana Attorney General also has enforcement authority.
Indiana Debt Collection Laws (Indiana Code § 28-1-29) Indiana licenses debt collection agencies through the Indiana Department of Financial Institutions (IDFI). Collectors must register and comply with state standards. Consumers can verify a collector's status and file complaints with the IDFI.
Wage Garnishment Indiana follows federal limits on wage garnishment — the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage. Indiana does not provide enhanced exemptions beyond the federal floor.
How to File a Complaint in Indiana
Indiana Attorney General's Office — Consumer Protection Division
- Website: in.gov/attorneygeneral/consumer-protection-division
- Phone: 1-800-382-5516
- Online complaint form available
Indiana Department of Financial Institutions
- Website: in.gov/dfi
- Phone: (317) 232-3955
- For complaints about licensed collection agencies
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate credit report items within 30 days.
- Fair Debt Collection Practices Act (FDCPA): Protects against collector harassment and deception.
- Fair Credit Billing Act (FCBA): Billing error rights on credit accounts.
File federal complaints at consumerfinance.gov/complaint.
Your First Action Step
Check your credit reports at annualcreditreport.com and identify all collection accounts. For any account with an original delinquency date of six or more years ago, the debt is time-barred for lawsuits in Indiana. Dispute any inaccurate information — particularly incorrect delinquency dates that make debt appear newer than it is — in writing by certified mail to each bureau that reports it.