Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Maryland
How long a creditor or debt collector has to sue you over a debt in Maryland, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Three years. Maryland runs almost all contract debt, including credit cards, on the single 3-year clock in §5-101. There is no separate written-vs-open split here. The one exception sits in §5-102: a debt on an instrument under seal (a specialty) gets 12 years, but ordinary credit-card accounts are not sealed instruments, so 3 years applies.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Maryland is unusually protective. Under §5-1202, once the limitations period on a consumer debt has expired, a payment, a written or oral affirmation, or any other activity on the debt does NOT revive or extend it. A creditor also may not file suit after the period runs. Warning: this protection applies once the debt is already time-barred. While the debt is still live, a voluntary partial payment or a written acknowledgment can restart the 3-year clock, so do not pay or promise on old debt without knowing where the deadline falls.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Maryland classifies each debt type.
| Debt type | Limit in Maryland | How it's classified |
|---|---|---|
| Credit card | 3 years | Simple contract (§5-101) |
| Written contract | 3 years | Maryland does not give written contracts a longer period. Most contracts, written or oral, fall under the general 3-year rule in §5-101. |
| Oral contract | 3 years | — |
| Open account | 3 years | — |
| Promissory note | 3 years (12 if under seal) | A plain promissory note is 3 years. A note or other instrument under seal is a specialty under §5-102 and carries 12 years. |
SB 42 (2018) (effective 2018-10-01): Maryland clarified §5-1202 so that a payment or affirmation made after a consumer debt is already time-barred does not revive or extend the limitations period.
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Maryland debtors get wrong
Maryland keeps its debt clock simple on the front end and strict on the back end. Nearly every contract debt, whether written, oral, an open account, or a credit card, runs on one 3-year period under Cts. & Jud. Proc. §5-101, so there is no longer written-contract track to hunt for. The distinctive twist is §5-102, which gives specialties a full 12 years: an instrument under seal, a bond, a recognizance, or a court judgment. That 3-year versus 12-year gap is the thing to check, because a debt tied to a sealed instrument outlives an ordinary account by nearly a decade. Maryland is also one of the more consumer-protective states on revival: §5-1202 says that once the period has expired, a later payment or affirmation cannot bring the debt back. The catch is timing, because a payment made before the deadline can still restart the clock.
Common questions
What is the statute of limitations on credit-card debt in Maryland?
Three years. Maryland treats credit cards as ordinary contract debt under §5-101, so the same 3-year period covers written contracts, oral contracts, open accounts, and cards. There is no separate 6-year written-contract track.
Why do some Maryland debts have a 12-year limit?
Because of §5-102. A "specialty," which includes an instrument under seal, a bond, a recognizance, and a court judgment, gets 12 years instead of 3. Ordinary credit-card accounts are not sealed instruments, so they stay at 3 years, but a debt on a sealed note or a judgment can be enforced far longer.
If I make a payment on an old Maryland debt, does the clock restart?
It depends on timing. Under §5-1202, once the 3-year period has already expired, a payment or an affirmation does not revive the debt or extend the deadline, and the creditor cannot sue on it. But if the debt is still within the period, a voluntary partial payment or a written acknowledgment can restart the 3-year clock, so be careful before paying or promising anything on aged debt.
When does the Maryland debt clock start?
When the claim accrues under §5-101, which for most accounts is the date of default: the first payment you missed and never cured, or your last payment on the account, whichever comes later. The 3-year period runs from that point.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.