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
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Debt | 3 years | Miss. Code Ann. § 15-1-29 |
| Car Accident | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Credit Card Debt | 3 yrs | Miss. Code Ann. § 15-1-29 |
| Medical Malpractice | 2 yrs | Miss. Code § 15-1-36 |
| Wrongful Death | 3 yrs | Miss. Code Ann. § 11-7-13; § 11-1-60 |
| Personal Injury | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Dog Bite | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Slip and Fall | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Defamation | 1 yr | Miss. Code Ann. § 15-1-35 |
| Breach of Contract | 3 yrs | Miss. Code Ann. § 15-1-49 |
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
- 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.
- Government-claim trap: 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.
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
- 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 Mississippi 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 Mississippi Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Mississippi | 3 years | Miss. 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
- Official Mississippi Legislature — Miss. Code Ann. § 15-1-29, Limitations on Open Accounts and Unwritten Contracts
- Corroborating Justia: Mississippi Code § 15-1-29 (2025) — Limitations on Accounts and Unwritten Contracts
- Corroborating FindLaw: Mississippi Code § 15-1-29 — Limitations on Accounts and Unwritten Contracts
- 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 Mississippi attorney.