Free tool

Statute of limitations checker

There is a legal deadline to recover a debt through the courts. Pick the debtor's state and the date the debt fell due to see how long you have left — and what to do about it.

Debt details

Use the later of: when the invoice fell due, the last part-payment, or the most recent written acknowledgment of the debt — each of those can restart the clock.

How debt limitation periods work in Australia

A limitation period is the legal window in which you can start court action to recover a debt. Miss it, and the debtor can raise a "limitation defence" that bars the claim — even where the money is genuinely owed. For an ordinary commercial (simple-contract) debt, the period is six years in every Australian state and the ACT, and three years in the Northern Territory.

When does the clock start?

The period generally runs from the date the cause of action accrues — in practice, when the debt fell due and payable. Two things commonly restart it: a part-payment of the debt, or a written acknowledgment that the debt is owed. Either resets the clock to run afresh from that later date, which is why the checker asks for the most recent of those dates.

Limitation periods by state & territory

State / territorySimple-contract debtLegislation
New South Wales6 yearsLimitation Act 1969
Victoria6 yearsLimitation of Actions Act 1958
Queensland6 yearsLimitation of Actions Act 1974
Western Australia6 yearsLimitation Act 2005
South Australia6 yearsLimitation of Actions Act 1936
Tasmania6 yearsLimitation Act 1974
Australian Capital Territory6 yearsLimitation Act 1985
Northern Territory3 yearsLimitation Act 1981

Debts under a deed are different

Where the debt arises under a deed (a specialty obligation, signed and executed as a deed) the limitation period is longer — generally 12 years, and 15 years in Victoria, South Australia and Western Australia. Guarantees executed as deeds can fall into this category.

Approaching the deadline? Don't let a recoverable debt become unenforceable. Merion can act quickly on a commission-only basis — refer the debt or get a free appraisal first.

This tool is a general guide only and is not legal advice. Limitation law is complex — periods can be paused, extended or restarted by specific events, and different rules apply to deeds, judgments, and some statutory debts. Always confirm your position with a qualified lawyer before relying on it.

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