Maine: Statute of Limitations on Debt Collection
The short answer
Maine doesn't split contract debt by written versus oral, a single 6-year catch-all covers essentially any ordinary contract claim, in writing or not. A longer 20-year period is reserved for a contract under seal or a bank-issued debt instrument, and Maine courts have held that a witnessed promissory note only gets that 20-year period if it's also negotiable; a non-negotiable note stays on the 6-year clock. A negotiable note or a goods-sale contract instead follows its own separate UCC period (6 years and 4 years). A signed writing is required to restart the clock with a bare acknowledgment or promise, but an actual payment of principal or interest works differently and doesn't need one. Maine's borrowing statute only pulls in a shorter out-of-state deadline if both the creditor and the debtor lived in that other state at the same time. Expiration is ordinarily just a defense the debtor must raise, except that for consumer credit debt specifically, Maine law makes it an illegal collection practice for a collector to even attempt to enforce an already time-barred claim.
Ask Ezel about your situation
This is the general rule in Maine. Ezel applies current Maine law to your specific facts and answers with citations to the statutes.
| Governing law | 14 M.R.S. § 752 (general 6-year catch-all, written and oral alike), § 751 (20-year period for sealed contracts, witnessed promissory notes, and bank-issued debt instruments), § 852 (open/mutual accounts), §§ 860/863 (acknowledgment and payment), § 866 (borrowing statute); 11 M.R.S. §§ 2-725 and 3-1118 (UCC periods for goods-sale contracts and negotiable instruments) |
|---|---|
| Written contract/debt deadline | 6 years for an ordinary written contract, the same as an oral one, § 752's catch-all reaches 'all civil actions' with no separate written-contract bucket. The real exception is § 751's 20-year period for a contract under seal or a bank-issued debt instrument; a promissory note signed before an attesting witness is only eligible for that 20 years if it is also a NEGOTIABLE note (Chapman v. Wight, 1887; confirmed in Tornesello v. Tisdale, 2008 ME 84), a non-negotiable witnessed note stays on the 6-year clock. Even a negotiable, witnessed note ends up governed by the UCC's own 6-year period (11 M.R.S. § 3-1118(1)) rather than § 751's 20 years, because § 751's text itself yields to § 3-1118(1) whenever it applies |
| Oral contract/open account deadline | 6 years, the identical period § 752 applies to an ordinary written (non-sealed, non-negotiable-note) debt: Maine draws no distinction based on whether the debt is in writing |
| When the clock starts | The date of breach or default: Maine courts hold that 'a contract cause of action accrues at the time of breach' (Dunelawn Owners' Ass'n v. Gendreau, 2000 ME 94, applied to the general 6-year period in Tornesello v. Tisdale, 2008 ME 84). For a mutual or open account with unsettled items, § 852 instead runs the clock from 'the last item proved in such account' |
| Can a payment or promise restart the clock? | A bare acknowledgment or promise only restarts the clock if it is express, in writing, and signed by the debtor (§ 860); an acknowledgment by one of several joint contractors doesn't bind the others. An actual payment of principal or interest is treated separately: § 863 preserves the effect of a real payment without requiring a signed writing, but a creditor's own indorsement or memorandum recording that a payment was made is, by itself, not sufficient proof that it happened: independent proof of the payment is still needed |
| Special rule for consumer debt | No separate limitations PERIOD for consumer-credit debt: Maine's Consumer Credit Code doesn't shorten or lengthen the 6-year general period for a consumer transaction. It does add a conduct rule: 9-A M.R.S. § 5-116(1)(G) makes it illegal for a collector to 'claim, or attempt or threaten to enforce' a right on a consumer credit sale, lease, or loan that has already been barred by statute |
| Out-of-state debt | Maine's borrowing statute (14 M.R.S. § 866) bars a claim already time-barred under another state's law only if ALL the parties resided in that other state at the same time; the Law Court has repeatedly held it doesn't apply when the parties never shared residence there (Ouellette v. Sturm, Ruger & Co., 1983; Hossler v. Barry, 1979; Tornesello v. Tisdale, 2008 ME 84): narrower than a typical resident-carve-out borrowing statute, since it turns on shared residence, not on where the debt arose |
| What expiration actually does | Ordinary affirmative defense for most debt, the debtor must raise it, and Chapter 205 itself doesn't bar a creditor from merely filing suit on any time-barred claim. For consumer credit debt specifically, though, 9-A M.R.S. § 5-116(1)(G) (part of Maine's Consumer Credit Code) makes it an illegal collection practice to claim, attempt, or threaten to enforce a right already barred by statute, a real statutory prohibition, but limited to consumer credit sales, leases, and loans rather than debt generally |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law
Maine's contract-debt deadline sits mainly in 14 M.R.S. Chapter 205
("Limitation of Actions"). Section 752 sets the general 6-year catch-all
that covers almost every ordinary contract claim, while section 751 carves
out a 20-year period for a narrower set of debts: contracts or liabilities
under seal, promissory notes signed before an attesting witness, and
bills, notes, or other debt instruments issued by a bank. Section 751's
own text yields to two Uniform Commercial Code provisions (11 M.R.S.
§§ 2-725 and 3-1118) whenever they apply, which in practice pulls most
negotiable notes and goods-sale contracts out of the 20-year bucket.
Sections 860 and 863 separately govern how a payment or acknowledgment can
restart the clock, and section 866 is Maine's borrowing statute for debt
that arose elsewhere.
How long you have on a written debt
6 years for an ordinary written debt, the same period as an oral one.
Section 752's catch-all applies to "all civil actions" regardless of
whether there's a signed writing. The real exception is section 751's
20-year period, but it's narrower than it first looks: it covers a
contract under seal and a bank-issued debt instrument outright, and
nominally covers a witnessed promissory note too, except the Law Court
has held that a promissory note only qualifies for that 20-year period if
it's also negotiable (Chapman v. Wight, 1887, applied again in Tornesello
v. Tisdale, 2008 ME 84); a non-negotiable witnessed note stays on the
ordinary 6-year clock. And even a witnessed, negotiable note doesn't
actually get 20 years in the end, because section 751's own text steps
aside for 11 M.R.S. § 3-1118, which sets a 6-year period (or a
demand-based period) for negotiable notes regardless of a witness
signature. In practice, the 20-year period is mostly reserved for sealed
contracts and bank-issued debt instruments.
How long you have on an oral or unwritten debt
Also 6 years, the identical period section 752 applies to a written
(non-sealed, non-negotiable-note) debt. Maine simply doesn't draw a
written-versus-oral line for ordinary contract debt.
When the clock starts
The date of breach or default, for an ordinary contract claim, Maine's
courts have repeatedly held that "a contract cause of action accrues at
the time of breach." A separate rule applies to a mutual or open account
with unsettled items between the parties (think a running tab or ongoing
account relationship): section 852 runs the clock from the date of the
last item in that account, not from each individual charge.
Can a payment or promise restart the clock?
Yes, but the two situations are treated differently. A bare
acknowledgment or promise to pay, a statement that doesn't involve an
actual payment, only restarts the clock if it's express, in writing,
and signed by the debtor (section 860); an acknowledgment by one of
several people who owe the debt jointly doesn't bind the others. An
actual payment of principal or interest works differently: section 863
says nothing in section 860 reduces the effect of a real payment, so a
payment can have its ordinary revival effect without needing to be in a
signed writing. But there's a catch on the proof side, a note or memo
the CREDITOR writes claiming a payment was made isn't, by itself, enough
proof that it actually happened; you need independent evidence of the
payment.
Is there a special rule for consumer debt?
Not a shorter or longer time limit, Maine's Consumer Credit Code
doesn't change the general 6-year period for a consumer credit debt. It
does add a real conduct rule, though: once a debt (consumer credit sale,
consumer lease, or consumer loan) is already time-barred, a collector who
claims, attempts, or threatens to enforce it is committing an illegal
collection practice under Maine's Consumer Credit Code, separate from
whatever happens in court.
What if the debt originated in another state?
Maine's borrowing statute only applies in a narrower situation than most
states' versions: it bars a claim in Maine that's already time-barred
under another state's law ONLY if all the parties, creditor and debtor
alike, resided in that other state at the same time. Maine's Law Court
has repeatedly confirmed this in cases where a creditor and a debtor never
shared residence in the same outside state: when that's true, Maine's own
period controls the claim regardless of where the debt arose or how short
the other state's deadline might be.
What actually happens once the deadline passes?
For most debt, the ordinary default: expiration is an affirmative defense
the debtor has to raise in court, and Chapter 205 doesn't stop a creditor
from filing suit on a time-barred claim outright. Consumer credit debt is
the exception, Maine's Consumer Credit Code makes it illegal for a
collector to claim, attempt, or threaten to enforce a consumer credit
sale, lease, or loan debt that's already barred by statute, a real
statutory prohibition rather than just a defense to raise if sued.
What trips people up
Maine's 20-year period for a "promissory note signed in the presence of an
attesting witness" reads like it should cover a lot of witnessed notes,
but between the negotiability requirement from case law and the statute's
own carve-out for UCC-governed notes, most notes actually end up on a
6-year clock (either the general one or the UCC's own note-specific
period) rather than 20 years, don't assume a witnessed signature alone
buys 20 years. And because Maine's borrowing statute only kicks in when
both sides shared residence in the same other state, someone who assumes
a shorter out-of-state deadline automatically follows the debt to Maine
may be surprised that it doesn't, unless that shared-residence condition
is actually met.
Common questions
Does Maine give more time to sue on a written contract than an oral
one?
No, not for an ordinary debt, both get the same 6-year period. Only a
sealed contract, a bank-issued debt instrument, or certain notes get a
different period.
I made a payment on an old debt, did that restart the clock?
Possibly. An actual payment of principal or interest can have that effect
without needing to be in writing, but the creditor still has to prove the
payment happened with more than just their own internal notes. A verbal
"yes, I still owe that" without any payment needs a signed writing from
you to count.
Can a debt collector still sue me after the statute of limitations
runs?
For most debt, yes, the filing itself isn't illegal, you have to raise
the expired deadline as a defense. But for consumer credit debt
specifically (a credit card, a consumer loan, a lease), Maine law makes it
an illegal collection practice for a collector to even attempt to enforce
a claim that's already time-barred.
Does it matter that I moved to Maine after the debt was incurred out of
state?
It might not help you the way you'd expect. Maine's borrowing statute only
imports a shorter out-of-state deadline if both you and the creditor lived
in that other state at the same time, if you two never shared residence
there, Maine's own period applies instead.
Statutes and sources
- 14 M.R.S. § 751, "Except as provided in Title 11, sections 2‑725 and
3‑1118, subsection (1), personal actions on contracts or liabilities
under seal, promissory notes signed in the presence of an attesting
witness, or on the bills, notes or other evidences of debt issued by a
bank must be commenced within 20 years after the cause of action
accrues.", https://legislature.maine.gov/statutes/14/title14ch205.pdf
(accessed 2026-07-09) - 14 M.R.S. § 752, "All civil actions shall be commenced within 6 years
after the cause of action accrues and not afterwards, except actions on
a judgment or decree..., and except as otherwise specially provided.", https://legislature.maine.gov/statutes/14/title14ch205.pdf (accessed
2026-07-09) - 14 M.R.S. § 852, "In contract actions to recover the balance due,
where there have been mutual dealings between the parties, the items of
which are unsettled..., the cause of action shall be deemed to accrue at
the time of the last item proved in such account.", https://legislature.maine.gov/statutes/14/title14ch205.pdf (accessed
2026-07-09) - 14 M.R.S. § 860, "In actions founded on any contract, no
acknowledgment or promise takes the case out of the operation hereof,
unless the acknowledgment or promise is express, in writing and signed
by the party chargeable thereby.", https://legislature.maine.gov/statutes/14/title14ch205.pdf (accessed
2026-07-09) - 14 M.R.S. § 863, "Nothing herein contained alters, takes away or
lessens the effect of payment of any principal or interest made by any
person, but no indorsement or memorandum of such payment... is
sufficient proof of payment to take the case out of the statute of
limitations.", https://legislature.maine.gov/statutes/14/title14ch205.pdf
(accessed 2026-07-09) - 14 M.R.S. § 866, "No action shall be brought by any person whose cause
of action has been barred by the laws of any state, territory or country
while all the parties have resided therein.", https://legislature.maine.gov/statutes/14/title14ch205.pdf (accessed
2026-07-09) - 11 M.R.S. § 3-1118, "An action to enforce the obligation of a party to
pay a note payable at a definite time must be commenced within 6 years
after the due date...", https://legislature.maine.gov/statutes/11/title11sec3-1118.html
(accessed 2026-07-09) - 11 M.R.S. § 2-725, "An action for breach of any contract for sale must
be commenced within 4 years after the cause of action has accrued.", https://legislature.maine.gov/statutes/11/title11sec2-725.html (accessed
2026-07-09) - 9-A M.R.S. § 5-116, "In attempting to collect an alleged debt arising
from a consumer credit sale, consumer lease or consumer loan, a person
shall not: ... Claim, or attempt or threaten to enforce a right that has
been barred by statute...", https://legislature.maine.gov/statutes/9-A/title9-Asec5-116.html
(accessed 2026-07-09)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Maine handles this in general. Ezel applies current Maine law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.