Maryland Statute of Limitations on Debt: How Long Can You Be Sued?

In Maryland, a creditor or debt collector generally has just three years to file a lawsuit to collect most consumer debts. This three-year deadline comes from Maryland's general statute of limitations for civil actions, found in the Courts and Judicial Proceedings Article of the Maryland Code, Section 5-101, which sets a three-year window for any civil action unless another law says otherwise. That makes Maryland one of the shorter-deadline states in the country — many states allow four, five, or six years on credit card and contract debt. Once those three years pass, the debt does not disappear, but the collector loses the legal power to force you to pay through the courts, as long as you raise the deadline as a defense.

How Long Maryland Gives Collectors to Sue

Maryland does not break its limitations periods into a long menu of debt types the way some states do. Instead, most consumer debts fall under the same general three-year rule. Here is how the common categories line up:

• Written contracts: Three years under Section 5-101. This is the default for an ordinary signed loan agreement or installment contract.
• Credit cards and open accounts: Three years. Maryland's highest court has treated credit card agreements as ordinary contract claims subject to the general three-year limit, even though card balances revolve.
• Promissory notes: Generally three years as a written contract. A negotiable promissory note governed by Maryland's version of the Uniform Commercial Code can carry a longer period (a six-year UCC period applies to certain negotiable instruments), so the exact deadline depends on how the note is written.
• Instruments "under seal" (specialties): Twelve years under Section 5-102. A small number of older or formally executed documents — some bonds, judgments, and sealed contracts — carry this longer period. Most everyday consumer debts are not under seal.
• Court judgments: A Maryland money judgment is enforceable for twelve years and can be renewed, which is a separate and much longer clock than the one for suing on the original debt.

If you are not sure which category your debt falls into, treat the conservative three-year period as your starting point but confirm the specifics, because misclassifying a sealed instrument or a UCC note can change the math.

When the Clock Starts

The limitations clock generally starts on the date of your last activity on the account before it went into default — typically the date of your last payment or the date the account first became delinquent and was never brought current. For a credit card, that usually means the first missed payment that you never cured. From that date, the creditor has three years to file suit in a Maryland District or Circuit Court.

This starting point matters because collectors and debt buyers sometimes calculate it from a later date, such as when the account was "charged off" or sold. The legally relevant date is usually when the cause of action accrued — when you first breached the agreement by failing to pay — not when the debt changed hands.

The Critical Trap: Payments and Acknowledgments Can Restart the Clock

This is the single most important thing to understand before you talk to a collector. Under long-standing Maryland law, making a partial payment on an old debt, or signing a new written promise to pay, can restart the three-year clock from zero. A fresh acknowledgment of the debt can revive a claim that was about to expire — or in some cases one that already had.

In practical terms, that means a single $20 "good faith" payment on a debt that is nearly three years old can hand the collector a brand-new three-year window to sue you. Collectors know this, which is why they push hard for any payment or for you to confirm in writing that the debt is yours. Before you pay anything, acknowledge anything in writing, or agree to a settlement on an old account, find out how old the debt actually is. If it is close to or past three years, even a tiny payment can be a costly mistake.

Be cautious about what you say and sign. A clear written admission that you owe a specific amount can be treated as an acknowledgment. When in doubt, do not confirm or promise anything until you have checked the dates and, ideally, spoken with a lawyer or a legal-aid office.

An Expired Deadline Is a Defense You Must Raise

Here is the part that catches many Marylanders off guard: the statute of limitations is an affirmative defense. The court will not throw out a time-barred lawsuit on its own. If you are sued on an old debt and you ignore the summons, the collector can win a default judgment even if the deadline expired years ago — and that judgment can then be enforced for twelve years through wage garnishment or bank account attachment.

To use the defense, you must show up and assert it. That means filing a written response (a Notice of Intention to Defend in Maryland District Court cases, or an answer in Circuit Court) by the deadline on the papers, and clearly stating that the claim is barred by the statute of limitations. You may also need to argue the dates and point to the date of last payment or default. Raising the defense properly is often a complete bar to the lawsuit.

Even when a debt is too old to sue on, federal law still protects you. The federal Fair Debt Collection Practices Act (FDCPA) makes it illegal for a third-party collector to sue or threaten to sue on a debt they know is time-barred, and recent federal rules require collectors to warn you before reporting or collecting on very old debt. Maryland's own collection laws, including the Maryland Consumer Debt Collection Act, add state-level protections against abusive collection tactics.

How to Protect Yourself

• Do not ignore a lawsuit. Responding by the deadline is the only way to raise the statute-of-limitations defense and avoid a default judgment.
• Pin down the date of last payment before you negotiate or pay. Pull your records and, if needed, request validation from the collector in writing.
• Do not make a small "restart" payment on a debt near or past three years old without understanding the consequences.
• Get help. Maryland Legal Aid and the consumer law clinics at Maryland law schools assist with debt-collection defense, often for free.

Where to Verify Maryland's Rules

Because limitations periods and collection rules can be amended, confirm the current law before you rely on it. The Maryland Attorney General's Consumer Protection Division publishes consumer guidance on debt collection and can take complaints against abusive collectors. The statutes themselves — Sections 5-101 and 5-102 of the Courts and Judicial Proceedings Article — are available through the Maryland General Assembly's official website. For anything involving an active lawsuit, a quick consultation with a Maryland consumer-defense attorney or Maryland Legal Aid is the safest way to confirm how these rules apply to your specific debt.

Official Maryland Sources

This page is based on Maryland law. Limits and deadlines change — verify the current details directly with the official Maryland sources below. This is general legal information, not legal advice.

• Office of the Attorney General of Maryland, Consumer Protection Division — official Maryland agency.
• File a Consumer/Business Complaint - Maryland Attorney General Consumer Protection Division
• Maryland Commercial Law Code, Title 13 Consumer Protection Act, Section 13-301 (Unfair, Abusive, or Deceptive Trade Practices)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Maryland’s own rules.