Credit Card Debt Statute of Limitations in Maryland
Last verified 2026-07 · Source: Md. Code, Courts & Judicial Proceedings § 5-101 ✓ verified · 3 sources
The deadline
3 years
from the date of default — the first missed payment (last activity/last payment) that put the account into default, under Md. Code, Courts & Judicial Proceedings § 5-101.
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Maryland law sets a hard deadline of 3 years to sue over unpaid credit card debt. The controlling statute is Md. Code, Courts & Judicial Proceedings § 5-101, and the clock generally starts on the date of default — the first missed payment (last activity/last payment) that put the account into default. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Maryland Deadlines for Related Claims
When the Clock Starts
In Maryland, the limitations period for credit card debt collection generally begins on the date of default — the first missed payment (last activity/last payment) that put the account into default. Maryland does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Credit-card debt is a simple contract not under seal (open account), so it falls under Maryland's general three-year catch-all limitation in CJP 5-101 rather than any longer specialty period. Revival trap: a partial payment or a written, signed acknowledgment of the debt restarts the three-year clock, so debtors should avoid making payments or acknowledging the balance in writing.
Source: Md. Code, Courts & Judicial Proceedings § 5-101, official Maryland statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Maryland government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Maryland Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Maryland | 3 years | Md. Code, Courts & Judicial Proceedings § 5-101 |
| Virginia | 3 yrs | Va. Code § 8.01-246(4) |
| West Virginia | 10 yrs | W. Va. Code § 55-2-6 |
| Pennsylvania | 4 yrs | 42 Pa.C.S. § 5525(a) |
| Delaware | 3 yrs | 10 Del. C. § 8106(a) |
| District of Columbia | 3 yrs | D.C. Code § 28-3814(o) |
Frequently Asked Questions
How long do I have to sue over unpaid credit card debt in Maryland?
You have 3 years from the date of default — the first missed payment (last activity/last payment) that put the account into default, under Md. Code, Courts & Judicial Proceedings § 5-101.
Can I still sue after 3 years in Maryland?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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Sources
- Official Maryland General Assembly — Courts & Judicial Proceedings § 5-101 (official statute text)
- Corroborating Justia — 2025 Maryland Code, CJP § 5-101 (Three-Year Limitation in General)
- Corroborating FindLaw — Maryland Code, Courts & Judicial Proceedings § 5-101
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.