Statute of Limitations Checker

"Can I still chase this debt?" — get a general estimate by state and debt type. An estimate, not a legal opinion: confirm with a lawyer before you act on it.

For an invoice, usually the due date. Other debts can differ — a loan repayable on demand runs from the date you demanded repayment, not the date you lent the money.

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Limitation periods by state (general rule)

StateGeneral debtProperty damageNote
NSW6 years6 yearsLimitation Act 1969
VIC6 years6 yearsLimitation of Actions Act 1958
QLD6 years6 yearsLimitation of Actions Act 1974
SA6 years3 yearsLimitation of Actions Act 1936
WA6 years6 yearsLimitation Act 2005
TAS6 years6 yearsLimitation Act 1974
ACT6 years6 yearsLimitation Act 1985
NT3 years3 yearsLimitation Act 1981

General guide only, and not a substitute for checking the legislation as it applies to your debt. The period that applies depends on the type of claim, when it accrued, the terms of your contract, and whether anything has restarted the clock. Confirm your position with a solicitor before acting on it.

How long do you have to chase an unpaid debt in Australia?

Six years in every state and territory except the Northern Territory, where most contract debts run out after three. The clock starts when the debt became payable — usually an invoice's due date — not when you noticed, and not when you last chased it.

After that, the debt does not vanish. It becomes unenforceable: you can still ask for the money, but a court will not make them pay. In practice that is the same thing, because the moment they say "it is out of time", you have nothing behind the request.

What restarts the limitation clock?

Two things, in most jurisdictions: a written acknowledgement of the debt, and a part payment. Either can start the six years running again from the date it happens.

This cuts both ways and people usually only think about one side of it. It can revive a debt you had written off — a debtor who emails "I know I owe you, give me until March" may have just handed you six more years. It is also the argument a debtor's lawyer will run against you if you have taken instalments and assumed the original date still applies. The rules differ between states, and the position once the period has already expired differs again.

When does the clock start if there is no invoice?

It depends on the debt. For a loan repayable on demand, the period runs from the date you demanded repayment, not from the date you handed over the money — which is why a private loan with no written terms can stay alive far longer than people assume. For a debt payable by instalments, each missed instalment generally has its own start date.

If you cannot say with confidence which date applies to your debt, that is the point to get advice rather than to guess. Limitation is the one deadline that cannot be fixed afterwards.

Can you get more time by going to court first?

Effectively, yes. A court judgment stays enforceable substantially longer than the underlying debt claim — commonly around twelve years, and longer in some jurisdictions. Converting a claim into a judgment before the limitation period expires extends your enforcement window well past the original deadline.

Whether you need the court's leave to enforce an older judgment depends on the jurisdiction. Section 9 of the 2026 Australian Debt Collection Report sets out limitation periods, small claims thresholds, court hierarchies and enforcement timelines for all eight.

When is this checker not enough?

  • Your debt is close to the deadline. Anything within twelve months of expiry needs a solicitor, not an estimate.
  • Something may have restarted the clock. A part payment or a written acknowledgement changes the answer entirely.
  • Your contract sets its own timeframe. Some agreements shorten the period by consent.
  • It is not an ordinary contract debt. Personal injury, property damage, deeds and consumer credit all run on different periods.
  • You already have a judgment. Then this tool is measuring the wrong thing — judgments have their own, longer window.
This is an estimate, not a legal opinion. Limitation is the one deadline you cannot fix after the fact. If your debt is anywhere near the end of its period, or you are not certain which start date applies, treat this as a prompt to get advice.

Still within time — what now?

Put it in writing. You can build a letter of demand free and send it yourself, in any state. If you have already asked and been ignored, a letter from you is unlikely to change anything.

What other free tools are here?

Still within time? Act now.

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