Maryland debt statute of limitations

Maryland limitation periods by type of debt

Maryland applies a general 3-year period to ordinary written, oral, and open-account debt.

What the Maryland statute says

“A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.”
Md. Code, Cts. & Jud. Proc. § 5-101

“An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner:”
Md. Code, Cts. & Jud. Proc. § 5-102(a)

Does paying restart the clock in Maryland?

A payment, a written or oral promise, or any other activity on the debt after the limitations period has run does not revive or extend it (Md. Cts. & Jud. Proc. Code § 5-1202(b)).

“Notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations applicable to the consumer debt collection action does not revive or extend the limitations period.”
Md. Code, Cts. & Jud. Proc. § 5-1202(b)(1)

Maryland’s own debt collection law

The Maryland Consumer Debt Collection Act (Com. Law §§ 14-201 to 14-204) lists practices a collector may not use when collecting consumer debts, such as threats, harassment, and claiming rights that do not exist.

“In collecting or attempting to collect an alleged debt a collector may not: (1) Use or threaten force or violence; (2) Threaten criminal prosecution, unless the transaction involved the violation of a criminal statute;”
Md. Code, Com. Law § 14-202

If a creditor wins a judgment in Maryland

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Maryland rules take over.

How long a judgment lasts

In Maryland, an action on a judgment (a 'specialty') must be filed within 12 years after the cause of action accrues, and a payment of principal or interest suspends the period for three years after the payment.

“An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner: (1) Promissory note or other instrument under seal; (2) Bond except a public officer’s bond; (3) Judgment;”
Md. Code, Cts. & Jud. Proc. § 5-102(a)(3)

Wage garnishment

In Maryland, the greater of 75% of disposable wages or 30 times the State minimum hourly wage for each week in which the wages were earned is exempt from attachment, calculated per pay period, along with employer-deducted medical insurance payments.

“The following are exempt from attachment: (1) The greater of: (i) 75 percent of the disposable wages due; or (ii) 30 times the State minimum hourly wage in effect at the time the wages are due, multiplied by the number of weeks during which the wages due were earned;”
Md. Code, Com. Law § 15-601.1(b)

Money in a bank account

Maryland automatically exempts up to $500 in a debtor's deposit account at a bank or credit union (subject to § 11-504(c)(3)), and a debtor may also elect within 30 days of levy to exempt cash or property up to $6,000, with the $500 counting toward that $6,000 total.

“Subject to subsection (c)(3) of this section, up to $500 in a deposit account or other account of the debtor held by a depository institution, without election of the debtor.”
Md. Code, Cts. & Jud. Proc. § 11-504(b)(5)-(6)

Small claims court

In Maryland, a small claim action in District Court is a civil action for money where the amount claimed does not exceed $5,000, exclusive of interest, costs, and recoverable attorney's fees.

“The District Court has exclusive jurisdiction over a small claim action, which, for purposes of this section, means a civil action for money in which the amount claimed does not exceed $5,000 exclusive of interest, costs, and attorney’s fees”
Md. Code, Cts. & Jud. Proc. § 4-405

Time-barred debt in Maryland

A creditor or collector may not file a consumer debt collection lawsuit after the statute of limitations has expired.

“A creditor or a collector may not initiate a consumer debt collection action after the expiration of the statute of limitations applicable to the consumer debt collection action.”
Md. Code, Cts. & Jud. Proc. § 5-1202(a)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Maryland treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Maryland?

3 years for credit-card debt and 3 years on a written contract, under Md. Cts. & Jud. Proc. Code § 5-101. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Maryland?

A payment, a written or oral promise, or any other activity on the debt after the limitations period has run does not revive or extend it (Md. Cts. & Jud. Proc. Code § 5-1202(b)).

Does Maryland have its own debt collection law?

The Maryland Consumer Debt Collection Act (Com. Law §§ 14-201 to 14-204) lists practices a collector may not use when collecting consumer debts, such as threats, harassment, and claiming rights that do not exist. (Md. Code, Com. Law § 14-202).

How long does a court judgment last in Maryland?

In Maryland, an action on a judgment (a 'specialty') must be filed within 12 years after the cause of action accrues, and a payment of principal or interest suspends the period for three years after the payment. (Md. Code, Cts. & Jud. Proc. § 5-102(a)(3)).

How much of my pay can be garnished in Maryland?

In Maryland, the greater of 75% of disposable wages or 30 times the State minimum hourly wage for each week in which the wages were earned is exempt from attachment, calculated per pay period, along with employer-deducted medical insurance payments. (Md. Code, Com. Law § 15-601.1(b)).

What if I am sued on an old debt in Maryland?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.