Maryland’s basic rule is short: a civil lawsuit has to be filed within three years of when the claim arose, unless another law sets a different period [1]. And Maryland goes further than most states to protect people with old consumer debts. Once the deadline passes, a creditor or collector can’t sue, and paying something later doesn’t bring the debt back to life [2].
At a glance
- Most debts (general rule)
- 3 years [1]
- Consumer debt after the deadline
- Can't be sued on; payment doesn't revive it [2]
- Judgments, contracts under seal
- 12 years [3]
- Credit report
- About 7 years from first delinquency, separately [4]
| Type of claim | Deadline | Law |
|---|---|---|
| Most civil claims, including ordinary contracts and accounts | 3 years | Cts. & Jud. Proc. § 5-101 |
| Specialties: judgments, contracts and notes under seal, bonds | 12 years | Cts. & Jud. Proc. § 5-102 |
| Consumer debt after the deadline passes | No new lawsuit; can't be revived | Cts. & Jud. Proc. § 5-1202 |
The three-year rule
Under Maryland’s general statute of limitations, a civil action at law has to be filed within three years from the date it accrues [1]. A different deadline applies only where another Maryland law sets one [1]. So unless a debt is a specialty (below) or covered by its own statute, the three-year rule is the one to check.
Specialties: the 12-year exception
Some debts are specialties , with a 12-year deadline. They include judgments, bonds, and promissory notes or contracts under seal [3]. For a specialty, a payment of principal or interest pauses the clock for three years after the payment [3].
Two exceptions matter for consumers. The 12-year rule doesn’t apply to a sealed note or mortgage on an owner-occupied home, or to a sealed contract or note for consumer debt from hospital services [3].
Old consumer debts stay dead
This is Maryland’s strongest protection. After the limitations period runs out [2]:
- A creditor or collector may not start a lawsuit to collect the consumer debt.
- A payment, a written or spoken acknowledgment of the debt, or any other activity on it does not revive or extend the deadline.
The one exception: a separate written agreement or payment plan you made before the deadline passed keeps its own limitations treatment [2].
What “time-barred” means
A debt is time-barred once the deadline to sue has passed. Collectors can still contact you and ask you to pay, but they can’t sue or threaten to sue over it [5].
If you’re sued on an old debt anyway, tell the court. The federal consumer bureau notes that it’s generally up to the person being sued to raise the statute of limitations [5]. Read the papers, respond by the deadline they give, and go to court on the trial date. If you don’t, the court can enter a judgment against you.
Judgments last much longer
A court judgment is a specialty, with a 12-year limitations period [3]. A judgment can be enforced long after the original three-year deadline would have run out, which is why it’s worth showing up to defend a case.
The credit report clock is different
How long a debt can appear on your credit report is a federal rule, separate from Maryland’s deadline to sue. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old. The seven years start 180 days after the delinquency began [4].
Because Maryland’s lawsuit deadline is usually three years, a debt often stays on a credit report well after it can no longer be sued on. Accurate information can be reported for the full period. If an account is wrong, or still listed after the reporting period ends, you can dispute it with the credit bureaus for free. BestAmerica explains how long negative items stay on a credit report.
Where to get help
- Legal aid: Maryland’s legal aid programs help eligible people answer debt lawsuits.
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [5].
- A consumer attorney: worth a call if you’re sued on a debt you think is past the deadline.
Sources
- Md. Code, Courts and Judicial Proceedings § 5-101: Three-year limitation
- Md. Code, Courts and Judicial Proceedings § 5-1202: Consumer debt after limitations expires
- Md. Code, Courts and Judicial Proceedings § 5-102: Specialties, including judgments
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
Common questions
How long can a creditor sue on a debt in Maryland?
Generally three years from when the claim arose. Maryland's general rule for civil actions is three years unless another law sets a different period. Specialties, such as court judgments and contracts under seal, have 12 years.
Does paying on an old debt restart the statute of limitations in Maryland?
Not for a consumer debt that's already past the deadline. Maryland law says a payment, a written or oral affirmation of the debt, or any other activity after the limitations period expires does not revive or extend it. A separate written agreement or payment plan made before the deadline passed is treated differently.
How long does a court judgment last in Maryland?
Judgments are specialties under Maryland law, with a 12-year limitations period.