In Nebraska, a creditor generally has five years to sue on a debt based on a written contract or promise [1], and four years on a contract that isn’t in writing [2]. A voluntary payment, or a written acknowledgment or promise to pay, starts the period over [3]. Once a creditor wins, the judgment can be kept alive for years: it goes dormant after five years without collection activity [4], but can be revived within ten years after that [5].
At a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Agreement, contract or promise in writing, or a specialty | 5 years | Neb. Rev. Stat. § 25-205(1) |
| Foreign judgment (from another state) | 5 years | Neb. Rev. Stat. § 25-205(1) |
| Contract not in writing, expressed or implied | 4 years | Neb. Rev. Stat. § 25-206 |
| Liability created by statute (not a forfeiture or penalty) | 4 years | Neb. Rev. Stat. § 25-206 |
Written or not
Nebraska splits most consumer debts by whether there’s a written agreement behind them:
- Written agreements, contracts and promises: 5 years [1].
- Contracts not in writing: 4 years, whether the terms were spoken or implied [2].
Which rule fits a particular credit card or store account depends on its paperwork. If you’re sued on an old account, ask the creditor to show the written agreement it’s relying on.
What restarts the clock
Nebraska’s rule is short. In a case based on a contract, if any part of the principal or interest is voluntarily paid, or there’s an acknowledgment of the debt or a promise to pay it made in writing, the creditor gets a new full period counted from that payment, acknowledgment or promise [3].
That means a single small payment on an old debt can give the creditor another five years to sue on a written contract [1][3].
What “time-barred” means
A debt is time-barred once the deadline to sue has run out. Collectors can still contact you and ask you to pay, but they can’t sue you or threaten to sue over it [7].
The deadline doesn’t protect you automatically, though. If you’re sued on an old debt, you have to raise the statute of limitations yourself in your response to the court [7]. Read the court papers, respond by the date on them, and say the deadline has passed. If you don’t respond at all, the court can enter a judgment against you.
Judgments last longer
A Nebraska court judgment doesn’t simply expire after five years. It becomes dormant if the creditor doesn’t issue an execution, a court order to collect, within five years of the judgment, or lets five years pass between executions [4]. A dormant judgment stops working as a lien on the debtor’s property [4].
Even then, the creditor can ask the court to revive it, as long as that action starts within ten years after the judgment went dormant [5]. Between collection activity and revival, a judgment can outlast the original debt’s deadline by many years.
The credit report clock is different
How long a debt can show up on your credit report is set by federal law, not by Nebraska’s deadline to sue. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, counted from 180 days after the delinquency began [6]. So a debt can fall off your report while a creditor could still sue on it, or stay on your report after the deadline to sue has passed.
Accurate information can stay for that full reporting period. If an account is wrong, or still listed after its reporting period has ended, you can dispute it with the credit bureaus for free. BestAmerica explains the federal timelines in its guide to how long negative items stay on a credit report.
Want help with it? A credit repair company can review all three of your credit reports, pick out old debts that are listed past the reporting period, re-aged or reported inaccurately, and send and follow up on the disputes with each bureau for you, which saves you the letters and the tracking. Federal law protects you when you hire one: you get a written contract that lists the services, the total cost and how long it will take [9], you can cancel within three business days [10], and the company can’t charge you until it has performed the services it promised [8]. Accurate, current information can’t be removed, and results vary. BestAmerica’s guide to how credit repair works walks through the process.
Where to get help
- Legal aid: if your income is low, a legal aid program may be able to help you answer a debt lawsuit for free.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [7].
- A consumer attorney: worth a call if you’re sued on a debt you think is too old.
For other states’ deadlines, see BestAmerica’s statute of limitations on debt by state.
Sources
- Neb. Rev. Stat. § 25-205: Actions on written contracts, on foreign judgments, or to recover collateral (Nebraska Legislature)
- Neb. Rev. Stat. § 25-206: Actions on oral contracts or statutory liabilities (Nebraska Legislature)
- Neb. Rev. Stat. § 25-216: Part payment; acknowledgment of debt; effect upon accrual (Nebraska Legislature)
- Neb. Rev. Stat. § 25-1515: Judgment; when dormant (Nebraska Legislature)
- Neb. Rev. Stat. § 25-1420: Dormant judgment; revivor; time limitation (Nebraska Legislature)
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
- 15 U.S.C. § 1679b, Prohibited practices (Cornell LII)
- 15 U.S.C. § 1679d, Credit repair organizations contracts (Cornell LII)
- 15 U.S.C. § 1679e, Right to cancel contract (Cornell LII)
Next steps
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Credit repair company
Credit Saint
If an old debt or another item on your credit report looks wrong, Credit Saint can help you challenge it with the credit bureaus.
You can also dispute errors yourself, for free, with Equifax, Experian and TransUnion. No company can legally remove accurate, timely information, and results vary.
Learn about Credit Saint →Free financial app
Bolster
Bolster is a free app for keeping an eye on your credit and building credit history over time.
Check the app's terms for any optional paid features.
See Bolster →Credit monitoring and credit builder
Credit Squad
Credit Squad watches your credit and identity and alerts you to changes. Its credit builder, included with every plan, reports your monthly payment to all three credit bureaus as an on-time installment payment.
Paid monthly subscription; see Credit Squad's site for current plans and terms. Credit building depends on on-time payments, and results vary.
See Credit Squad →Common questions
What is the statute of limitations on debt in Nebraska?
Five years for an action on an agreement, contract or promise in writing, and four years for a contract not in writing, whether expressed or implied. A foreign judgment, from another state, also has five years.
Does making a payment restart the statute of limitations in Nebraska?
It can. Nebraska law says that when part of the principal or interest is voluntarily paid, the creditor can sue within the full limitations period counted from that payment. A written acknowledgment of the debt, or a written promise to pay it, has the same effect.
How long does a judgment last in Nebraska?
A judgment becomes dormant if the creditor doesn't issue an execution on it within five years of entry, or lets five years pass between executions. A dormant judgment can be revived only if the action to revive it starts within ten years after it went dormant.
Can an old debt stay on my credit report after Nebraska's deadline to sue passes?
The two clocks are separate. Federal law generally lets collection and charged-off accounts be reported for seven years, starting 180 days after the delinquency began, whatever Nebraska's deadline to sue is.