Medical Debt Statute of Limitations in Mississippi

Last verified 2026-07 · Source: Miss. Code Ann. § 15-1-29 ✓ verified · 3 sources

The deadline

3 years

from Date of last item charged to the open account (last service rendered), or date of first missed payment; for stated accounts, from date the account was stated, under Miss. Code Ann. § 15-1-29.

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The deadline to sue over unpaid medical bills in Mississippi is 3 years, set by Miss. Code Ann. § 15-1-29. It starts running on Date of last item charged to the open account (last service rendered), or date of first missed payment; for stated accounts, from date the account was stated. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

Mississippi Deadlines for Related Claims

When the Clock Starts

In Mississippi, the limitations period for medical debt collection generally begins on Date of last item charged to the open account (last service rendered), or date of first missed payment; for stated accounts, from date the account was stated. Mississippi 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

Medical bills are most commonly treated as open accounts governed by the 3-year SOL under § 15-1-29. If a patient signed a formal written financial-responsibility agreement, § 15-1-7 (written instruments, 6 years) could apply. § 15-1-29 expressly excludes matters governed by the UCC. Mississippi minor tolling is governed by § 15-1-55 (disability tolling until majority plus 1 additional year).

Source: Miss. Code Ann. § 15-1-29, official Mississippi statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Mississippi government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Mississippi Compares to Nearby States

StateDeadlineStatute
Mississippi3 yearsMiss. Code Ann. § 15-1-29
Louisiana 3 yrs La. Civ. Code Art. 3494
Arkansas 5 yrs Ark. Code Ann. § 16-56-111
Tennessee 6 yrs Tenn. Code Ann. § 28-3-109
Alabama 6 yrs Ala. Code § 6-2-34

Frequently Asked Questions

How long do I have to sue over unpaid medical bills in Mississippi?

You have 3 years from Date of last item charged to the open account (last service rendered), or date of first missed payment; for stated accounts, from date the account was stated, under Miss. Code Ann. § 15-1-29.

Can I still sue after 3 years in Mississippi?

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?

Mississippi 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.

Is the deadline different for claims against the government?

Mississippi Tort Claims Act (Miss. Code Ann. § 11-46-11) requires pre-suit notice to government entity within 1 year of accrual for claims against publicly operated hospitals; 90-day waiting period applies before suit may be filed.

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Mississippi attorney.