Louisiana Statute of Limitations on Debt
Louisiana is unique among US states — it operates under a civil law system derived from French and Spanish law rather than English common law. This creates different limitation periods depending on the nature of the debt.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 3 years | | Medical debt | 3 years | | Auto loans (written contract) | 10 years | | Personal loans (written contract) | 10 years | | Oral contracts | 3 years | | Promissory notes | 5 years |
Open accounts like credit cards and medical bills prescribe (expire) in just three years under Louisiana's "liberative prescription" rules. However, formal written contracts and obligations can have a ten-year prescription period — a very long window. Understanding which category your debt falls into is essential.
Louisiana terminology note: In Louisiana, the limitation period is called "prescription," not a statute of limitations. The principles are similar but arise from the Louisiana Civil Code rather than a statute.
Louisiana-Specific Consumer Protections
Louisiana Unfair Trade Practices and Consumer Protection Law (La. R.S. § 51:1401 et seq.) Louisiana's UTPCPL prohibits unfair or deceptive acts in trade. Consumers have a private right of action and can recover actual damages plus penalties. The Louisiana Attorney General enforces the law.
Louisiana's Unique Exemptions Louisiana provides strong exemptions from seizure. Under Louisiana law, certain personal property and your homestead may be protected from creditor seizure even after a judgment. Louisiana also has a homestead exemption of up to $35,000 in equity, and wages are protected up to $500 per week from garnishment for most purposes.
Debt Purchaser Regulations Louisiana has passed legislation requiring debt buyers (companies that purchase old debt portfolios) to hold a license and to have adequate documentation of the debts they attempt to collect. Collectors who cannot provide proper documentation of the chain of ownership may not have standing to sue.
How to File a Complaint in Louisiana
Louisiana Attorney General's Office — Consumer Protection Section
- Website: ag.louisiana.gov/consumers
- Phone: 1-800-351-4889
- Online complaint portal available
Louisiana Office of Financial Institutions
- Website: ofi.la.gov
- Phone: (225) 925-4660
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate items on your credit report.
- Fair Debt Collection Practices Act (FDCPA): Federal debt collector conduct rules.
- Fair Credit Billing Act (FCBA): Billing error protections on credit cards.
File at consumerfinance.gov/complaint.
Your First Action Step
Louisiana's three-year prescription on open accounts means credit card and medical debts expire faster than in most states. If a collector is pursuing a credit card debt that's more than three years past the last payment, raise prescription as your defense. Pull your credit reports at annualcreditreport.com, document the original delinquency dates, and dispute any inaccurate reporting in writing to each bureau.