Medical Debt Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D.C.C. § 28-01-16(1) ✓ verified · 3 sources
The deadline
6 years
from Date of last medical service rendered or date of first missed payment (date cause of action accrues), under N.D.C.C. § 28-01-16(1).
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Under N.D.C.C. § 28-01-16(1), you have 6 years from Date of last medical service rendered or date of first missed payment (date cause of action accrues) to sue over unpaid medical bills in North Dakota. Miss it and you lose the right to sue — but several North Dakota-specific exceptions can extend (or shorten) that window, detailed below.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Debt | 6 years | N.D.C.C. § 28-01-16(1) |
| Car Accident | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Credit Card Debt | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Dog Bite | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Defamation | 2 yrs | N.D.C.C. § 28-01-18 |
| Breach of Contract | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for medical debt collection generally begins on Date of last medical service rendered or date of first missed payment (date cause of action accrues). North Dakota 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.
N.D.C.C. § 28-01-16(1) — 'Actions having six-year limitations' — covers all contracts, obligations, and liabilities express or implied; applies equally to written and oral contracts and open accounts; minor and disability tolling under N.D.C.C. § 28-01-25 extends the SOL during period of disability; section title on official code index is 'Actions having six-year limitations'
Source: N.D.C.C. § 28-01-16(1), official North Dakota 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 North Dakota 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 North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 6 years | N.D.C.C. § 28-01-16(1) |
| Minnesota | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
| South Dakota | 6 yrs | S.D. Codified Laws § 15-2-13 |
| Montana | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
Frequently Asked Questions
How long do I have to sue over unpaid medical bills in North Dakota?
You have 6 years from Date of last medical service rendered or date of first missed payment (date cause of action accrues), under N.D.C.C. § 28-01-16(1).
Can I still sue after 6 years in North Dakota?
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?
North Dakota 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 N.D.C.C. Title 28, Chapter 28-01 — Time for Commencing Actions, Section 28-01-16 (ND Legislative Branch)
- Corroborating North Dakota Century Code § 28-01-16 — Actions Having Six-Year Limitations — Justia
- Corroborating North Dakota Century Code § 28-01-16 — Six-Year Limitations — 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 North Dakota attorney.