Louisiana debt: three-year prescription on cards and medical bills
Louisiana's civil law system calls the time limit "prescription", and for most consumer debts it is short: three years for credit cards and medical bills. But any acknowledgment, including a small payment, wipes the clock back to zero.
Free check first. If a dispute letter makes sense, it costs $29 ($19 for military, veterans, seniors and people with disabilities) with three follow-ups.
Who is asking you to pay?
Look at the company name at the top of the letter or in the caller ID.
Louisiana at a glance
- Credit cards, open accounts
- 3 years (art. 3494)
- Medical bills
- 3 years (services rendered)
- Promissory notes
- 5 years (art. 3498)
- Other written contracts
- 10 years
- Acknowledgment
- Restarts the full period
- Wage garnishment
- At most 25% (R.S. 13:3881)
General information about Louisiana law, with sources below. Not legal advice.
Prescription in Louisiana
Louisiana calls the time limit "prescription". Open accounts, money lent and payment for services prescribe in three years (Civil Code art. 3494), promissory notes in five (art. 3498), and other written contracts in ten.
Louisiana courts treat a credit card as an open account, so it prescribes in three years, counted from the last charge, purchase, payment or credit on the account. Medical bills usually fall under payment for services rendered, which also prescribes in three years.
What interrupts prescription
Acknowledging the debt, including by a payment or in writing, interrupts prescription and starts the full period again from zero (Civil Code arts. 3464 and 3466). Prescription is suspended while the debtor is out of state, under Civil Code art. 3467 as described by one guide.
Prescription is a defense you have to raise; the person claiming it carries the burden of proving it (Civil Code art. 3454). So if you are sued on an old card, say so in your answer and give the date of your last payment.
Compare the 3-year limit with every other state in our statute of limitations on debt by state table.
Limits vary a lot between states: by comparison, Missouri sets 5 years and Oregon sets 6 years for similar debts.
Not sure a Louisiana collector is genuine? Check our guide to fake debt collectors, then ask for validation in writing.
If your letter comes from a national company such as Crown Asset Management or Enhanced Recovery Company, our collector guides explain who they are and how to dispute.
For medical bills in Louisiana, see what happens if you do not pay medical bills and whether medical bills affect your credit score.
Before a Louisiana medical bill reaches court, ask for an itemized bill and apply for financial assistance; see negotiating a hospital bill and your options if you cannot pay medical bills.
For the court side of a Louisiana debt, from the summons to a possible judgment, see how to defend a debt collection lawsuit.
Garnishment in Louisiana
Wage garnishment is limited to 25% of the debtor's adjusted disposable earnings (La. R.S. 13:3881), and money in a bank account can be garnished unless it is exempt.
The federal dispute right applies to collectors: a written dispute inside the validation period makes the collector stop until it mails verification.
Louisiana's protections sit on top of federal law; our page on stopping a wage garnishment explains both.
Questions people ask about debt in Louisiana
What is the statute of limitations on credit card debt in Louisiana?
Three years. Louisiana courts treat a card as an open account under Civil Code art. 3494, counted from the last charge or payment.
How long can a medical bill be collected in Louisiana?
Usually three years, as payment for services rendered under art. 3494.
Does a payment restart prescription in Louisiana?
Yes. An acknowledgment, including a payment, interrupts prescription and starts the full period again.
How long for a promissory note in Louisiana?
Five years under Civil Code art. 3498.
How much of my wages can be garnished in Louisiana?
No more than 25% of adjusted disposable earnings under La. R.S. 13:3881.