Maryland Statute of Limitations Debt: The Truth About When You Can Stop Paying

Maryland Statute of Limitations Debt: The Truth About When You Can Stop Paying

You’re checking the mail, and there it is. Another envelope from a debt collector you haven't heard from in five years. Your stomach drops. You wonder if they can actually take you to court after all this time. Honestly, the answer depends entirely on a ticking clock known as the maryland statute of limitations debt.

In Maryland, that clock is shorter than you might think, but the rules are weirder than most people realize.

Most consumer debts in the Old Line State carry a three-year statute of limitations. That means if you stopped paying your credit card in 2022, a collector usually can't successfully sue you in 2026. But "usually" is a dangerous word in law. There are traps. There are new 2026 laws. And if you say the wrong thing on the phone, you might accidentally reset that clock back to zero.

The Three-Year Rule and Why It’s Your Best Friend

Basically, for almost every common debt—credit cards, medical bills, oral agreements, and standard written contracts—the limit is three years.

This is established under Maryland Code, Courts and Judicial Proceedings § 5-101. The countdown starts the moment you miss a payment and fail to catch up. If a debt buyer picks up your old account from 2020 and tries to sue you today, they are technically allowed to file the paperwork, but you have an absolute "get out of jail free" card if you show up and prove the time has passed.

The court won't do this for you.

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If you don’t show up to the hearing to argue that the maryland statute of limitations debt has expired, the judge will likely grant a default judgment. Once they have a judgment, that three-year limit vanishes, and a new, much scarier 12-year clock begins.

The 12-Year Exception: Contracts Under Seal

Sometimes you’ll see people mention a 12-year limit for "specialties." This sounds like jargon, but it matters. If you signed a contract that has the word "SEAL" printed next to your signature—common in some older mortgage documents or private loans—the creditor might argue they have 12 years to sue you instead of three.

However, Maryland has been moving away from this. For example, even if a hospital tries to claim a medical debt is "under seal," recent legislation (like HB 268) often forces them back into that three-year window.

Big Changes in 2026: Judgments and Collections

If you're reading this in 2026, the landscape just shifted. Under SB 1738, Maryland changed how it handles consumer debt judgments.

For any judgment entered on or after January 1, 2026, the creditor has 15 years to collect, but here is the kicker: they can no longer "revive" or renew it. Previously, creditors could keep a debt alive forever by renewing the judgment every 12 years like a legal zombie.

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Now? Once those 15 years are up, the debt is truly dead.

Medical Debt is Now Different

Maryland passed the Fair Medical Debt Reporting Act (taking full effect in late 2025/early 2026). If you're dealing with medical bills, collectors are now barred from reporting that debt to credit bureaus entirely. They also can't sue you if the debt is under $500.

If a collector threatens your credit score over a $400 doctor bill from three years ago, they aren't just being mean—they are likely breaking the law.

How You Accidentally Restart the Clock

This is where people get burned.

You get a call. The collector is friendly. They say, "Look, just give us $20 today to show good faith."

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Don't do it. Under Maryland Code § 5-1202, making a payment or even acknowledging the debt in writing used to "revive" the statute of limitations. There is some protection now for "consumer debt" specifically—Maryland law states that activity after the limitations period has expired shouldn't restart the clock for a lawsuit.

But why risk it?

Acknowledging you owe the money gives the collector ammunition. It's much harder to fight a "time-barred" debt in court if the collector has a recording of you saying, "Yeah, I know I owe that $5,000, I'll pay it next month."

What to Do When a Collector Calls

If you suspect your maryland statute of limitations debt has run out, you need to be clinical.

  1. Ask for validation. Tell them, "I don't recognize this. Send me a debt validation notice in writing." Under the FDCPA, they have to do this.
  2. Check the "Date of Last Activity." Look at your credit report. If the last payment was more than three years ago, you are likely in the clear for a lawsuit.
  3. Check for a License. In Maryland, debt collectors must be licensed by the State Board of Collection Agencies. If they aren't licensed, any judgment they get against you could be voided.
  4. Send a "Cease and Desist." If the debt is old, tell them to stop contacting you. They can still own the debt, but they have to stop the harassment.

Practical Steps to Protect Yourself

  • Keep your records. If you settled a debt in 2021, keep that "paid in full" letter forever. Scanners are cheap; use one.
  • Audit your credit report. If a collector re-reports an old debt as "new" to try and bypass the three-year rule, that's a violation of the Fair Credit Reporting Act (FCRA).
  • Don't ignore court summons. This is the number one way people lose. Even if the debt is 20 years old, if you don't show up to raise the statute of limitations as a defense, the collector wins by default.
  • Use the $500 rule. If it's a medical debt under $500, Maryland law (HB 268) is your shield. They shouldn't be suing you or reporting you.

The law in Maryland is actually quite protective of consumers, but it requires you to be active. You can't just wait for the debt to disappear; you have to know when the clock has stopped and be ready to tell a judge exactly when that happened.

If you are facing a lawsuit for a debt that is clearly over three years old, your first move should be filing an "Answer" with the court specifically citing Maryland Code § 5-101. This single act often forces debt buyers to drop the case because they know they can't win. Be sure to check the specific filing dates on your credit report to confirm exactly when the "cause of action" (the breach of contract) occurred. If the creditor cannot prove they filed within that three-year window, the case is essentially over before it begins.