Is There a Statute of Limitations on Medical Bills?

Hannah Locklear | April 07, 2023

If you are being sued by a debt collector regarding unpaid medical bills, it is important to determine the age of the outstanding medical debt. Why? Because you may be able to use the statute of limitations as a defense to get the debt collection lawsuit thrown out of court.

What is a statute of limitations?

The term “statute of limitations” refers to the time period that an individual or company has to file a legal action. In other words, creditors and debt collectors only have a certain number of years to sue someone for a debt they owe before the statute of limitations prevents such action.

When it comes to medical debt, the statute of limitations typically becomes an issue when a debt collector is attempting to recover on a bill that has been deemed “unpaid” for years.

It is important to understand that the courts do not track the statute of limitations. Instead, the responsibility falls on the defendant (i.e. you) to raise the statute of limitations as a defense and affirmatively request that the collection lawsuit be dismissed due to the expired statute of limitations.

The statute of limitations can be an effective tool in getting a debt collection lawsuit dismissed, if applicable. However, it is important to understand that even if the medical debt is beyond the statute of limitations, it does not mean the debt is wiped away from your records. It simply means the debt cannot be recovered through a lawsuit.

Even if you can no longer be sued for medical debt due to the statute of limitations, the debt can still stay on and negatively impact your credit report for seven years.

Use our Statute of Limitations Calculator to find your limit

Lots of people wonder what the limit is on their medical debt, so we built out Statute of Limitations Calculator to make it easy to find when the statute of limitations expires on your debt. Again, once it is expired, a collector can't sue you for it and you can bring it up as a defense if they do. Just answer the questions below and calculate your limit.

Unpaid medical debt can impact your credit

Medical debt, just like virtually all other debt, is listed on your credit report, including whether that debt is delinquent or current. As mentioned earlier in this article, the statute of limitations does not directly impact or influence the amount of time a debt can remain on your credit report and the impact it can have on your score.

When you have unpaid medical debt in collections, it will stay on your credit report for at least seven years. After seven years have passed, the debt may no longer be visible on your credit report, unless a debt collector pursues a judgment against you during that time period.

If you can repay a delinquent medical bill, that repayment should be updated on your credit report and taken out of the collections category. Depending on your particular situation, you may be able to have the medical debt deleted entirely from your credit report. This is common when someone is wrongly sued for a medical debt they do not owe.

If you're negotiating with a debt collector, confirm that steps will be taken to update the status of the account on your credit report before you agree to make a payment.

If you are being harassed by a debt collector or were served with a Summons and Complaint, related to unpaid medical bills, it is important to determine the age of the debt so you can assess whether a statute of limitations defense is viable. The relevant statute of limitations for your particular matter will depend on the state in which you reside and the type of medical debt you purportedly have.

Let’s consider an example.

The statute of limitations on medical debt is different in every state

It is important to understand that there is no general, one-size-fits-all statute of limitations. Therefore, the statute of limitations on your debt is determined by the laws of the state in which you reside.

Each state legislature enacts its own set of statutes related to different types of legal actions, including the collection of unpaid debts. In most states, the statute of limitations to collect on unpaid medical bills is between three and six years. However, in some states, a creditor has between 10-15 years to try and collect on the debt.

In the table below, we’ve outlined the statute of limitations on medical debt in every state.

Statute of Limitations on Medical Debt in All 50 States

State	Medical Debt Expiration Deadline
Alabama	6 years
Alaska	6 years
Arizona	5 years
Arkansas	6 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

To learn more, check out our guide to the statute of limitations on debt in all 50 states.

The statute of limitations varies by the type of debt

It is necessary to determine not only the age of the debt but the specific type of debt that is attempting to be collected upon. This is because the applicable time limits vary depending on the type of debt. Here is an overview of the general categories of debt:

• Contractual Debt - Virtually all financial obligations that require the signing of a contract are considered to be contractual debts. Many forms of medical debt are categorized as contractual debt.


• Debt Based Upon a Promissory Note - A promissory note is generally considered to be a written agreement where you expressly agree to repay a specific amount of money via a set number of payments, at a specific interest rate, and within a specific period of time. Some medical debt falls into the promissory note category, particularly when someone takes out a personal loan to help pay for a medical procedure or treatment.


• Debt From an Open-Ended Credit Account - Credit cards and lines of credit are considered to be “open-ended” accounts since the amount you owe, and the amount you have to pay back each month will fluctuate. Some people use credit cards to help pay for expensive medical procedures and treatments so it is possible for medical debt to accrue through this type of account.


• Debt Through an Oral Agreement - Some debts can be made based upon a verbal agreement between two or more individuals. This rarely applies in the context of medical debt

Make the right defense the right way with SoloSuit.

Debt collectors may trick you to reset the statute of limitations

Many debt collectors, especially large debt collection agencies working on behalf of insurance companies and hospitals, are well versed in the statute of limitations. They routinely attempt to take advantage of consumers who may not have much knowledge about how the statute of limitations works and exploit it to their advantage. For example, if you make a payment on an old debt, it is important to understand that the new payment effectively resets the proverbial clock on the statute of limitations.

This is why it is fairly common for a debt collector attempting to recover on old medical debt to try and pressure you into making a fairly small, nominal payment towards the amount owed. The only reason they are asking for a small amount is to ensure the clock is reset for the statute of limitations.

Don't let debt collectors trick you into paying an old debt. Respond with SoloSuit.

Respond to a medical debt lawsuit

If you’ve been sued for a medical debt, you must respond to the lawsuit regardless of your state’s statute of limitations on the debt.

To respond to a medical debt lawsuit, you must file a written Answer into the case and serve the opposing attorney. You may think you have to hire a lawyer to represent you in your case. We’re here to show you how you can represent yourself in court and win.

Follow these three steps to respond to a debt lawsuit:

1. Respond to every claim listed against you in the case. When you’re sued, you’ll receive court documents that outline each allegation against you. In your Answer, you should admit, deny, or deny due to lack of knowledge to respond to each claim (in corresponding order). Most attorneys recommend denying the majority of the claims, otherwise, the court may consider your admissions proof that you owe it all.


2. Assert your affirmative defenses. These are any legal reasons that you shouldn’t be held liable for the debt in question. For example, an expired statute of limitations on medical debt is a great affirmative defense to use. If proven, the case will be thrown out.


3. File the Answer before your state’s deadline. Once you’ve drafted your Answer, be sure to file it before the deadline to avoid a default judgment. You should also deliver the Answer to the opposing party’s lawyer.

SoloSuit can help you draft and file an Answer in all 50 states.

Let’s take a look at another example.

To learn more about these three steps, check out this video:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

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