Kansas Statute of Limitations on Debt
Kansas splits its statute of limitations between written and oral contracts. Written contracts — which include credit cards, medical bills, and most consumer loans — have a five-year window. Oral contracts carry only three years.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 5 years | | Medical debt | 5 years | | Auto loans (written contract) | 5 years | | Personal loans (written contract) | 5 years | | Oral contracts | 3 years | | Promissory notes | 5 years |
The SOL runs from the date of default or the last payment date. After the applicable period expires, a lawsuit on that debt is time-barred in Kansas. Collectors can still contact you, but cannot obtain a court judgment.
Caution: Making a payment or acknowledging a debt in writing may restart the SOL in Kansas. Before engaging with a collector on any old account, determine whether the debt is time-barred.
Kansas-Specific Consumer Protections
Kansas Consumer Protection Act (KCPA, KSA § 50-623 et seq.) The KCPA is a broad consumer protection law that prohibits unconscionable acts and deceptive practices. It covers debt collection and gives consumers a private right of action. Consumers can recover actual damages and the court may award civil penalties. The Kansas Attorney General enforces the KCPA.
Kansas Licensed Debt Collectors Kansas regulates debt collection agencies. Collectors operating in Kansas without proper licensing may be in violation of state law. If a collector contacts you, you can request information about their license and verify it with the Kansas Office of the State Bank Commissioner.
Wage Garnishment in Kansas Kansas follows federal garnishment limits: the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage per week. There is no additional state-level protection beyond the federal floor.
How to File a Complaint in Kansas
Kansas Attorney General's Office — Consumer Protection Division
- Website: ag.ks.gov/in-your-corner-kansas/consumer-protection
- Phone: 1-800-432-2310
- Online complaint form available
Kansas Office of the State Bank Commissioner
- Website: osbc.ks.gov
- Phone: (785) 296-2266
- For complaints about licensed financial institutions and debt collectors
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate items; bureaus must investigate within 30 days.
- Fair Debt Collection Practices Act (FDCPA): Prohibits collector harassment and deception.
- Fair Credit Billing Act (FCBA): Credit card billing error protections.
File at consumerfinance.gov/complaint.
Your First Action Step
Pull your credit reports at annualcreditreport.com. If any collection account has a delinquency date more than five years old and it was a written contract, that debt is past the Kansas SOL. Send a written debt validation letter to any collector pursuing a time-barred debt and dispute any reporting errors directly with the bureaus in writing by certified mail.