Medical Debt Statute of Limitations in Maryland
Last verified 2026-07 · Source: Md. Code, Cts. & Jud. Proc. § 5-101 ✓ verified · 3 sources
The deadline
3 years
from Date the cause of action accrues — typically date of last service or when payment was first due, under Md. Code, Cts. & Jud. Proc. § 5-101.
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Under Md. Code, Cts. & Jud. Proc. § 5-101, you have 3 years from Date the cause of action accrues — typically date of last service or when payment was first due to sue over unpaid medical bills in Maryland. Miss it and you lose the right to sue — but several Maryland-specific exceptions can extend (or shorten) that window, detailed below.
Maryland Deadlines for Related Claims
When the Clock Starts
In Maryland, the limitations period for medical debt collection generally begins on Date the cause of action accrues — typically date of last service or when payment was first due. 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
- Minors: the clock is generally paused while the injured person is under 18.
- 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.
Medical debt is treated as an oral contract or open account subject to the 3-year general SOL under CJ § 5-101. The 12-year specialty/written-contract SOL under CJ § 5-102 explicitly does NOT apply to 'consumer debt obligations arising from hospital services,' confirming the 3-year period governs. Maryland enacted additional medical debt consumer protections via HB 337 (2022) but did not shorten or alter the collection SOL.
Source: Md. Code, Cts. & Jud. Proc. § 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, Cts. & Jud. Proc. § 5-101 |
| Virginia | 3 yrs | Va. Code Ann. § 8.01-246(B) |
| West Virginia | 10 yrs | W. Va. Code § 55-2-6 |
| Pennsylvania | 4 yrs | 42 Pa. C.S. § 5525(a) |
| Delaware | 3 yrs | Del. Code Ann. tit. 10, § 8106 |
| District of Columbia | 3 yrs | D.C. Code § 12-301(7) |
Frequently Asked Questions
How long do I have to sue over unpaid medical bills in Maryland?
You have 3 years from Date the cause of action accrues — typically date of last service or when payment was first due, under Md. Code, Cts. & Jud. Proc. § 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 (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Maryland generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official Md. Code, Cts. & Jud. Proc. § 5-101 — General Civil Action Limitations (Maryland General Assembly)
- Corroborating Maryland CJ § 5-101 — Three-Year Limitation (Justia US Law)
- Corroborating Md. Code, Cts. & Jud. Proc. § 5-101 (FindLaw)
- 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.