North Dakota Statute of Limitations on Debt
North Dakota uses a six-year statute of limitations for most consumer debt categories. Both written and oral contracts are subject to the same limitation period.
| 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. After six years, a lawsuit on the debt is time-barred in North Dakota. You must raise the SOL defense if sued — courts do not apply it automatically. The debt can still appear on your credit report until the federal seven-year mark.
Caution: Partial payment or a written acknowledgment of the debt may restart the six-year clock. Never pay toward an old account without understanding the implications first.
North Dakota-Specific Consumer Protections
North Dakota Consumer Fraud Act (N.D.C.C. § 51-15-01 et seq.) North Dakota's Consumer Fraud Act prohibits deceptive acts in connection with the sale of goods and services, including financial services. The AG has enforcement authority, and private consumers can bring claims with the AG's approval. Remedies include actual damages and civil penalties.
North Dakota Collection Agency Act (N.D.C.C. § 13-05) North Dakota licenses debt collection agencies through the Department of Financial Institutions. Collectors operating without a license are violating state law. Consumers can verify license status and file complaints with the Department.
North Dakota Agricultural Exemptions North Dakota has significant agricultural property exemptions that protect farming equipment and livestock from creditor seizure — relevant for rural residents. Standard consumer property exemptions also apply.
Wage Garnishment North Dakota follows federal garnishment limits. Wages are protected from garnishment up to 30 times the federal minimum wage per week, and the overall cap is 25% of disposable income — consistent with federal law.
How to File a Complaint in North Dakota
North Dakota Attorney General's Office — Consumer Protection and Antitrust Division
- Website: ag.nd.gov/consumer-resources/consumer-protection
- Phone: 1-800-472-2600
- Online complaint form available
North Dakota Department of Financial Institutions
- Website: nd.gov/dfi
- Phone: (701) 328-9933
- For complaints about licensed collection agencies
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): Collector conduct standards.
- Fair Credit Billing Act (FCBA): Billing error rights on credit accounts.
File at consumerfinance.gov/complaint.
Your First Action Step
Pull your credit reports at annualcreditreport.com and identify every collection account. Check the original delinquency date — if it's more than six years ago, the debt is time-barred for litigation in North Dakota. Dispute any inaccurate reporting in writing by certified mail to each bureau. If you receive a collection notice on a time-barred debt, send a written debt validation request and document the response.