Old Debts And Time Limits
Idaho Code § 5-216 and Idaho Code § 5-217 — five years on a written contract, four on an oral one, and a payment starts the clock again
| The debt rests on | Time to sue |
|---|---|
| The debt rests onA written contract or instrument | Time to sueFive years |
| The debt rests onAn oral contract | Time to sueFour years |
A payment restarts it. Any payment of principal or interest counts as a new written promise to pay the rest. Any other acknowledgment or promise starts the clock again only if it is in writing and signed by the person who owes.
These limits never run against the state, and the state's claims cannot be met with them as a defense.
A particular debt, and when its clock started, is a question for a licensed Idaho attorney.
Sources for this section (3)
- Idaho Code § 5-216 — Action on written contract
- Idaho Code § 5-217 — Action on oral contract
- Idaho Code § 5-238 — Acknowledgment or new promise — Effect on operation of statute — Effect of partial payment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.