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Statute of limitations on unpaid invoices by state

The time you have to sue over an unpaid invoice depends on the state and on whether the agreement was written. The table gives the period for nine states, each read from the statute and linked, as checked 3 November 2026. For any other state, check your state's law.

Not legal advice. Exceptions and tolling rules apply.

Updated 3 November 2026

The short version

Every state sets a time limit for suing over an unpaid invoice, and the limit is often longer for a written agreement than for an oral one. This page lists the period for nine states with the statute linked for each row, as checked 3 November 2026, and the interest rate those states apply when no rate was agreed. For any state not in the tables, check your state's law. This is general information, not legal advice.

Time limits to sue over an unpaid invoice

Each row was read from the statute on the date above. Some states set a different period for particular claims, such as sales of goods, so confirm the one that fits yours.

StateWritten contractOral contract or open accountStatute
California4 years2 yearsCode of Civil Procedure 337(a) and 339(1)
Texas4 years4 years (the same)Civ. Prac. & Rem. Code 16.004, 16.051: debt, open or stated accounts, and claims with no express period
Florida5 years (action on a written instrument)4 years (contract not founded on a written instrument)Fla. Stat. 95.11
New York6 years6 years (the same)CPLR 213(2): a contractual obligation, express or implied
Pennsylvania4 years4 years (the same)42 Pa.C.S. 5525
Illinois10 years5 years735 ILCS 5/13-206 and 13-205
Ohio6 years4 yearsORC 2305.06 and 2305.07
North Carolina3 years3 years (the same)G.S. 1-52(1): a contract, express or implied
Michigan6 years6 years (the same)MCL 600.5807: breach of contract
GeorgiaCheck your state's lawCheck your state's lawO.C.G.A. 9-3-24, 9-3-25 (official text not checked)
Other statesCheck your state's lawCheck your state's lawNot covered yet

Interest when no rate was agreed

If neither the contract nor the invoice sets a rate, these states apply a default rate. A rate or late fee agreed in writing is a different matter: other statutes, including usury limits, can apply, and whether they cover a late fee on a business invoice is a legal question this page does not answer.

StateRate when no rate was agreedStatute
California7% a yearCal. Const. art. XV, section 1
Texas6% a year, beginning on the 30th day after the amount is dueFin. Code 302.002
FloridaA rate set each quarter. The Chief Financial Officer set 7.87% a year for the quarter beginning 1 October 2026.Fla. Stat. 687.01 and CFO memo AAM 07
New York6% a yearGeneral Obligations Law 5-501(1)
Pennsylvania6% a year41 P.S. 201, 202
Illinois5% a year815 ILCS 205/1, 205/2
OhioSet each year by the tax commissioner under a formula in the statute (check the current figure)ORC 1343.03 and 5703.47
North Carolina8% a yearG.S. 24-1
Michigan5% a yearMCL 438.31
GeorgiaCheck your state's lawO.C.G.A. 7-4-2 (official text not checked)
Other statesCheck your state's lawNot covered yet

What to do with this

What these tables do not cover

Georgia and every other state not listed. Claims on sealed or negotiable instruments, consumer rules, and anything that pauses or restarts the clock. The Ohio interest rate, which changes each year. Later amendments to any statute. Florida was read from the statute page summary, so confirm the subsection before you cite it. If the amount is large, speak to a lawyer in your state.

Common questions

How long do I have to sue over an unpaid invoice?

It depends on the state and on whether the agreement was in writing. In the nine states in the table, the period for a written contract runs from 3 years in North Carolina to 10 years in Illinois, and the period for an oral agreement or open account runs from 2 years in California to 6 years in New York and Michigan. Check the row for your state and the statute it links to.

Does a signed quote make the agreement written?

Often it helps, because it puts the terms in writing, and in some states the written period is longer. Whether your documents count as a written contract is a legal question, so keep the accepted quote, the work order and the invoice together and ask a lawyer if the amount is large.

Does the clock start on the invoice date or the due date?

Several of these statutes count from the day the cause of action accrues, and the date that is for an unpaid invoice is a legal question. Sue well inside the period instead of near the end of it, and do not rely on the invoice date alone.

Can I charge interest while I wait?

Only on the basis the agreement or the law allows. The second table shows the rate the law sets in nine states when no rate was agreed. A rate or late fee you agreed in writing is a separate question, and usury limits can apply, so see our late fee laws guide and check your state's law.

Should I wait until near the deadline to take action?

No. Evidence and memories fade, and clients who intend to pay usually do so after a firm written demand. Start with the steps in our unpaid invoice guide and keep the limitation date in your calendar.

What this is. A reference written by InvoiceTools. It is general information, not legal advice, and it is not a substitute for a lawyer who knows your facts. Each figure was read from the linked official source on 3 November 2026, and laws change, so confirm the current text before you rely on it.

Last reviewed by InvoiceTools, Houston, Texas, on 3 November 2026.

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