Statute of Limitations on Medical Bills: Know Your Rights
The statute of limitations on medical debt varies by state, typically ranging from three to ten years. If a collector sues you after this deadline expires, you can use it as a defense to get the case dismissed, but you must respond to the lawsuit and assert this defense in your Answer. Even time-barred debt can affect your credit for seven years, so understanding your state's timeline is critical to protecting your rights.
Answer Your LawsuitFacing a lawsuit over old medical bills? You may have a powerful defense.
The statute of limitations could get your case dismissed entirely. But you need to act fast and understand your rights.
Sued for Medical Debt? Respond Before Your Deadline
Don't let collectors win by default. Draft and file your Answer with the expired statute of limitations defense before your court deadline passes.
Respond to LawsuitWhat Is a Statute of Limitations on Medical Debt?
A statute of limitations sets a deadline for legal action. Creditors and collectors can only sue you within a specific timeframe.
After that window closes, they lose their right to take you to court.
The statute ranges from three to ten years for medical debt. Your state determines the exact limit.
Courts don’t automatically track these deadlines. You must raise the statute of limitations as a defense in your Answer document.
If you prove the debt is time-barred, the judge will dismiss the case.
Important: An expired statute doesn’t erase the debt. Collectors can still contact you. The debt can still damage your credit report for up to seven years.
How the Statute of Limitations Works
Understanding these time limits gives you leverage in debt lawsuits.
The clock typically starts on your last payment date. Making even a small payment can reset the entire timeline.
Debt collectors know this. They often pressure you into paying a nominal amount on old debts.
Don’t fall for it. One payment restarts the statute of limitations clock completely.
When you’re sued, you bear the responsibility to invoke this defense. Include it in your written Answer to the lawsuit.
If you don’t respond, the court issues a default judgment against you. The collector wins automatically.
Our partner Solo helps you draft and file a proper Answer in all 50 states.
Medical Debt and Your Credit Report
Even time-barred debt affects your credit score.
Medical debt in collections stays on your credit report for seven years. The statute of limitations doesn’t change this timeframe.
After seven years, the debt typically disappears from your report automatically.
Exception: If a collector gets a court judgment during those seven years, it extends visibility.
You can improve your situation. If you repay a delinquent medical bill, request an update to your credit report.
When negotiating with collectors, confirm in writing that they’ll update your credit status. Get this promise before you pay anything.
Some people successfully negotiate complete deletion from credit reports. This works best when the debt is disputed or wrongly attributed.
Statute of Limitations by State
Each state sets its own time limits for medical debt collection lawsuits.
Most states allow between three and six years. Some states extend this to 10 or even 15 years.
Here’s the medical debt statute of limitations for every state:
| State | Years to Sue |
|---|---|
| Alabama | 6 years |
| Alaska | 3 years |
| Arizona | 6 years |
| Arkansas | 5 years |
| California | 4 years |
| Colorado | 6 years |
| Connecticut | 6 years |
| Delaware | 3 years |
| Florida | 5 years |
| Georgia | 6 years |
| Hawaii | 6 years |
| Idaho | 5 years |
| Illinois | 10 years |
| Indiana | 10 years |
| Iowa | 10 years |
| Kansas | 5 years |
| Kentucky | 10 years |
| Louisiana | 10 years |
| Maine | 6 years |
| Maryland | 3 years |
| Massachusetts | 6 years |
| Michigan | 6 years |
| Minnesota | 6 years |
| Mississippi | 3 years |
| Missouri | 10 years |
| Montana | 8 years |
| Nebraska | 5 years |
| Nevada | 6 years |
| New Hampshire | 3 years |
| New Jersey | 6 years |
| New Mexico | 6 years |
| New York | 6 years |
| North Carolina | 3 years |
| North Dakota | 6 years |
| Ohio | 6 years |
| Oklahoma | 5 years |
| Oregon | 6 years |
| Pennsylvania | 4 years |
| Rhode Island | 10 years |
| South Carolina | 3 years |
| South Dakota | 6 years |
| Tennessee | 6 years |
| Texas | 4 years |
| Utah | 6 years |
| Vermont | 6 years |
| Virginia | 5 years |
| Washington | 6 years |
| West Virginia | 10 years |
| Wisconsin | 6 years |
| Wyoming | 10 years |
Check your state’s specific timeline before responding to any lawsuit.
Types of Medical Debt
The statute of limitations varies by debt type, not just by state.
Understanding your debt category helps you determine the correct statute of limitations.
Contractual Debt
Most medical bills fall into this category. Any financial obligation requiring a signed contract qualifies as contractual debt.
Hospital bills and treatment agreements typically fit here.
Promissory Note Debt
Written agreements to repay specific amounts create promissory note debt. Personal loans for medical procedures fall into this category.
These notes specify payment amounts, interest rates, and timeframes.
Open-Ended Credit Debt
Credit cards and lines of credit are open-ended accounts. The balance and minimum payment fluctuate monthly.
When you charge medical expenses to a credit card, it becomes open-ended debt.
Oral Agreement Debt
Verbal agreements between individuals create this debt type. Medical debt rarely falls into this category.
Hospitals and medical providers use written contracts and billing statements.
How to Respond to a Medical Debt Lawsuit
You must respond to every lawsuit, even if the statute of limitations has expired.
Ignoring court papers guarantees you lose. The collector gets a default judgment and can garnish your wages.
Follow these three steps to fight back:
Step 1: Respond to Each Claim
The lawsuit lists specific allegations against you. Address every single one in your Answer document.
You have three response options for each claim:
- Admit the claim is true
- Deny the claim is true
- Deny due to lack of knowledge
Deny most claims. Admissions give the collector ammunition to win their case.
Step 2: Assert Your Affirmative Defenses
Affirmative defenses are legal reasons you shouldn’t be held liable.
An expired statute of limitations is a powerful affirmative defense. If you prove the debt is time-barred, the judge dismisses the case.
Other common defenses include:
- The collector lacks documentation proving you owe the debt
- The amount claimed is incorrect
- You already paid the debt
- The debt belongs to someone else
Step 3: File Before Your Deadline
Each state sets a deadline for filing your Answer. Missing this deadline results in automatic loss.
Most states give you between 14 and 30 days from the date you were served.
You must also serve your Answer on the opposing attorney. Filing with the court isn’t enough.
Our partner Solo handles drafting, attorney review, filing, and service for you.
Real Examples of Statute of Limitations Defenses
Sandy lives in Delaware and got sued for an old medical bill. She investigated and found her last payment was over four years ago.
Delaware’s statute of limitations on medical debt is three years. Sandy used the expired statute as an affirmative defense in her Answer.
The case was dismissed. The debt still affects her credit score until seven years pass from when it first appeared on her report.
Harry faces a similar situation in Mississippi. His medical debt is over three years old.
Mississippi’s statute of limitations is three years. Harry used this defense in his Answer and denied most claims against him.
When the collector’s lawyer received Harry’s Answer, she filed a Motion to Dismiss. The case ended early.
Don’t Reset the Clock
Collectors use tricks to reset the statute of limitations.
Any payment you make restarts the entire timeline. Even a small payment of $10 gives the collector years more to sue you.
Debt collectors know most people don’t understand this rule. They pressure you into making nominal payments on old debts.
Before making any payment, verify:
- The age of the debt
- Your state’s statute of limitations
- Whether the debt is already time-barred
Don’t let collectors manipulate you into waiving your legal rights.
Who Is Solo and How Can They Help?
Solo provides tools to resolve debt collection matters without expensive lawyers.
Their Answer service walks you through every question needed to complete your court response. An attorney reviews your document before filing.
Solo handles everything:
- Drafting your Answer with proper legal format
- Including your affirmative defenses
- Filing with the correct court
- Serving the opposing attorney
- Meeting your state’s deadline
Solo also offers settlement negotiation tools. You can contact collectors and negotiate reduced payoff amounts entirely online.
No matter where you are in the debt collection process, Solo simplifies the legal requirements.