Statute of Limitations on Debt Collection in New Hampshire
At a glance
| Governing law | RSA 508:4 (general 3-year catch-all for personal actions), RSA 508:5 (20-year period for specialties and contracts under seal), RSA 382-A:3-118 (UCC, 6-year period for a negotiable promissory note), RSA 382-A:2-725 (UCC, 4-year period for a goods-sale contract); revival by acknowledgment or payment is common law, not a codified statute |
|---|---|
| Written contract/debt deadline | 3 years for an ordinary written debt, the same as an oral one: RSA 508:4, I's catch-all covers 'all personal actions... not otherwise provided by law,' with no separate longer period just for being in writing; a written contract UNDER SEAL is the exception, getting 20 years instead (RSA 508:5), and a negotiable promissory note gets its own separate 6-year UCC period (RSA 382-A:3-118) |
| Oral contract/open account deadline | 3 years, the identical period RSA 508:4 applies to a written (non-sealed, non-negotiable-instrument) debt: New Hampshire draws no distinction based on whether the debt is in writing |
| When the clock starts | Ordinarily the date of the breach or default: RSA 508:4's own text runs the 3-year period from 'the act or omission complained of'; for a negotiable note payable at a definite time, the current UCC rule runs from the stated due date (or the accelerated due date if accelerated); for a demand note, from the date demand is made, or after 10 years of no demand and no payment on the note at all (RSA 382-A:3-118) |
| Can a payment or promise restart the clock? | No New Hampshire statute governs this, it comes entirely from case law: a partial payment or other acknowledgment of liability can toll the limitations period if it implies a renewed promise to pay, but the acknowledgment must be more than a bare recognition that a debt exists, it must show an admission of liability for an unpaid debt that the debtor is THEN willing to pay (Premier Capital, Inc. v. Gallagher, 1999); a statement merely recognizing debt without expressing willingness to pay it does not toll the clock |
| Special rule for consumer debt | None: the same 3-year catch-all applies to consumer and commercial debt alike; New Hampshire has no separate, shorter (or longer) limitations period specifically for consumer-credit-transaction debt |
| Out-of-state debt | New Hampshire has no borrowing statute at all, one of a small number of states without one, so New Hampshire's own limitations periods generally apply to an action brought there even if the underlying debt arose in another state, without regard to whether the claim would already be time-barred where it arose |
| What expiration actually does | Ordinary affirmative defense only, which the debtor must plead; New Hampshire has no statute barring a collector from merely attempting to sue or otherwise collect on a time-barred debt |
Requirements one by one
Governing law
New Hampshire's contract-debt deadline sits mainly in RSA Chapter 508 ("Limitation of Actions"), RSA 508:4's catch-all sets the general 3-year period, and RSA 508:5 carves out a much longer 20-year period for "actions of debt upon judgments, recognizances, and contracts under seal." A negotiable promissory note and a goods-sale contract are pulled out separately under the Uniform Commercial Code (RSA 382-A:3-118 and 382-A:2-725, respectively). Unlike many states, New Hampshire has no standalone statute governing revival by acknowledgment or payment, and no statute at all addressing debt that arose in another state.
How long you have on a written debt
3 years for an ordinary written debt, the same period as an oral one. RSA 508:4's catch-all reaches "all personal actions... except as otherwise provided by law," and being in writing alone doesn't move a debt into a longer period. The real exception is a contract UNDER SEAL, which gets 20 years under RSA 508:5, and a negotiable promissory note, which gets its own separate 6-year period under the UCC.
How long you have on an oral or unwritten debt
Also 3 years, the identical period RSA 508:4 applies to a written, non-sealed, non-negotiable-instrument debt. New Hampshire simply doesn't draw a written-versus-oral line for ordinary contract debt.
When the clock starts
Ordinarily the date of the breach or default. RSA 508:4's own text runs the 3-year period from "the act or omission complained of." For a negotiable promissory note payable at a definite time, the clock runs from that stated due date (or from an accelerated due date, if the note is accelerated). For a demand note, the current UCC rule runs the clock from the date demand for payment is actually made, or, if no demand is ever made, the note becomes unenforceable once 10 continuous years pass with neither principal nor interest paid.
Can a payment or promise restart the clock?
Yes, but through case law rather than a statute, and New Hampshire holds debtors to a stricter standard than many states. A partial payment or other acknowledgment of the debt can toll the limitations period if it implies a renewed promise to pay, but New Hampshire's Supreme Court has held that "an acknowledgment of debt must be more than a recognition of debt; it must be an admission of liability for an unpaid debt that the party is then willing to pay." Premier Capital, Inc. v. Gallagher, 144 N.H. 284, 740 A.2d 1047 (1999). A statement that simply recognizes a debt exists, without also showing a present willingness to pay it, is not enough to restart the clock.
Is there a special rule for consumer debt?
No. The same 3-year catch-all applies whether the debt is a personal credit-card balance or a commercial contract; New Hampshire has no separate limitations period specifically for consumer-credit-transaction debt.
What if the debt originated in another state?
New Hampshire generally applies its own limitations periods regardless of where the debt originated. Unlike most states, New Hampshire has no borrowing statute at all, confirmed by both a federal appeals court decision and a scholarly survey of state borrowing statutes, both identifying New Hampshire as one of the states without one. That means a debt already time-barred in the state where it arose can, in principle, still be pursued in New Hampshire within New Hampshire's own period.
What actually happens once the deadline passes?
The ordinary default. Expiration of the limitations period is an affirmative defense the debtor has to raise; it doesn't erase the underlying debt. New Hampshire has no statute making it independently unlawful merely to attempt suing or otherwise collecting on a time-barred debt.
What trips people up
Because New Hampshire's revival rule demands an acknowledgment show a PRESENT willingness to pay, not just a recognition that money is owed, a debtor who merely confirms an old balance on a financial statement or in a status inquiry, without expressly agreeing to pay it, may not have restarted the clock at all, even though a similar statement might count in a state with a looser standard. And because New Hampshire has no borrowing statute, someone who assumes a shorter out-of-state deadline will automatically apply in New Hampshire could be surprised to find that New Hampshire's own period controls instead.
Common questions
Does New Hampshire give more time for a written contract than an oral one? No, not for an ordinary debt, both get the same 3-year period. Only a contract under seal (20 years) or a negotiable promissory note (6 years) gets more time.
I made a payment on an old debt, did that restart the clock? Possibly, but only if the payment or an accompanying statement showed you were presently willing to pay the debt, a bare acknowledgment that a debt once existed is not enough under New Hampshire case law.
Can a debt collector still sue me after the statute of limitations runs? New Hampshire law doesn't stop the filing itself, but you can raise the expired deadline as a defense in court, and the suit should fail if you do. There's no state law making the mere attempt illegal.
Does the deadline differ for credit card debt specifically? No. New Hampshire applies the same 3-year catch-all to consumer credit-card debt as to any other ordinary contract debt.
Statutes and sources
- RSA 508:4, "Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of...", https://gc.nh.gov/rsa/html/LII/508/508-4.htm (accessed 2026-07-09)
- RSA 508:5, "Actions of debt upon judgments, recognizances, and contracts under seal may be brought within 20 years after the cause of action accrued, and not afterward.", https://gc.nh.gov/rsa/html/LII/508/508-5.htm (accessed 2026-07-09)
- RSA 382-A:3-118, "An action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.", https://gc.nh.gov/rsa/html/XXXIV-A/382-A/382-A-3-118.htm (accessed 2026-07-09)
- RSA 382-A:2-725, "An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.", https://gc.nh.gov/rsa/html/XXXIV-A/382-A/382-A-2-725.htm (accessed 2026-07-09)
- Premier Capital, Inc. v. Gallagher, 144 N.H. 284, 740 A.2d 1047 (1999), "an acknowledgment of debt must be more than a recognition of debt; it must be an admission of liability for an unpaid debt that the party is then willing to pay.", https://www.courtlistener.com/opinion/8092060/ (accessed 2026-08-21)
Source links
Every statute quoted above, linked, with the date we checked it.
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