Minnesota Statute of Limitations on Debt
Minnesota applies a six-year statute of limitations uniformly across consumer debt types. Both written and oral contract debts are treated the same, which makes the analysis consistent.
| 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 runs from the date of default or last payment. Once expired, a lawsuit is time-barred in Minnesota courts. Collectors can still contact you, but any litigation would fail if you raise the SOL defense.
Caution: Minnesota courts have found that partial payments can restart the six-year clock. Consult a consumer attorney before making any payment on a debt you believe may be time-barred.
Minnesota-Specific Consumer Protections
Minnesota Consumer Fraud Act (MCFA, Minn. Stat. § 325F.68 et seq.) The MCFA prohibits fraud, misrepresentation, and deceptive practices in commerce. It applies to debt collectors and creditors. Consumers can bring private claims under the MCFA and, if successful, may recover attorney's fees and costs.
Minnesota Debt Collection Statute (Minn. Stat. § 332) Minnesota licenses debt collectors and debt buyers. Collectors operating without a license are violating state law. The Minnesota Department of Commerce regulates and licenses collection agencies — you can verify license status at mn.gov/commerce.
Private Student Loan Protections Minnesota has enacted specific protections for private student loan borrowers, including income-driven repayment options and protections against certain collection practices on private student loans. This supplements federal protections for federal student loans.
Wage Garnishment Minnesota limits wage garnishment to 25% of disposable earnings or the amount exceeding 40 times the federal minimum wage per week, whichever is less — slightly more protective than the strict federal standard.
How to File a Complaint in Minnesota
Minnesota Attorney General's Office — Consumer Services
- Website: ag.state.mn.us/consumer
- Phone: (651) 296-3353 or 1-800-657-3787
- Online complaint form available
Minnesota Department of Commerce
- Website: mn.gov/commerce
- Phone: (651) 296-2488
- For complaints about licensed debt collectors
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Dispute inaccurate items; 30-day investigation requirement.
- Fair Debt Collection Practices Act (FDCPA): Federal prohibition on collector misconduct.
- Fair Credit Billing Act (FCBA): Billing error rights on credit accounts.
File at consumerfinance.gov/complaint.
Your First Action Step
Verify that any collector contacting you is licensed by the Minnesota Department of Commerce. An unlicensed collector is operating illegally and you have grounds to report them immediately. Pull your credit reports at annualcreditreport.com, review all collection accounts, and dispute inaccurate reporting in writing by certified mail to each bureau.