How the statute of limitations works for medical bills

What a statute of limitations means for a medical bill

A statute of limitations is a law that sets a deadline for going to court. For a medical bill, it limits how long a hospital, a doctor's office or a collector has to sue you. Once the deadline passes, the debt is called time-barred, which means it is too old to sue over.

The Consumer Financial Protection Bureau, or CFPB, is the federal agency that protects people in money matters. It explains that a debt does not generally expire or disappear until it is paid. The deadline only limits the use of the courts.

This page is general education and is not legal advice. The rules differ from state to state, so it helps to check the rule where you live.

This means a very old bill is not automatically safe to ignore. A fairly new bill is not automatically in danger either. The facts that matter are your state, the date you missed a payment and the date of your last payment. Any payment or promise you made since then matters too.

How long is the time limit?

Each state decides its own time limit, and the answer can also depend on the kind of debt and on the contract you signed. The CFPB says most states have limits between three and six years, and some are longer. For that reason we cannot give you one number, and we do not list state-by-state numbers here because they can change.

The date the clock starts also differs from state to state. In some states the clock starts when you miss a required payment. In others it counts from the date of your most recent payment. Two people with the same bill can have different deadlines if they live in different states. A lawyer or a legal aid office can work out which deadline applies to your bill.

How a payment can restart the clock

In some states, a payment can do exactly that. The Federal Trade Commission, or FTC, is the agency that handles many consumer protection issues. It says that in some states a payment can reset the clock and start a new time limit. The same can happen if you admit in writing that you owe the debt.

The CFPB adds that even a small partial payment can restart the period. It also says that admitting you owe an old debt may restart the time limit. A promise to pay can do the same in some states.

The risk is greatest when a collector calls about a very old bill and asks for a small payment to show good faith. That small payment could give the collector new time to sue. Before you pay anything on an old bill, find out whether your state resets the clock.

You are never required to pay a debt just to end a phone call. You can ask the collector to send the details in writing first, as our guide on medical bills in collections explains.

What a collector can still do after the time limit

What a collector may still do depends on the state where you live. The CFPB says that in most states a debt collector can still try to collect a time-barred debt by calling, writing or emailing you. Some states make that illegal, so it is worth checking.

In every state, a collector cannot sue you over a time-barred debt or threaten to. The CFPB says a lawsuit filed after the deadline can break the Fair Debt Collection Practices Act. That federal law sets the rules for collectors.

The time limit for lawsuits is separate from your credit report. Credit reports follow different rules, which we cover in our guide on medical bills and your credit report.

What if you get court papers about an old bill?

You should never ignore court papers about a debt. The CFPB says it is usually your job to tell the court that the time limit has passed. If you do not show up, the court may still enter a judgment against you, even if the debt is too old.

Answering the court papers does not mean you agree that you owe the money. It only keeps your chance to explain your side. Many people contact a legal aid office or a lawyer right away, because the answer usually has a due date printed on the papers.

Our guide on what happens if you don't pay medical bills walks through the steps that usually come before a lawsuit.

How to find out the rule for your state

• Call your state attorney general's consumer protection office and ask what the time limit is for medical debt in your state.
• Contact a legal aid office, which gives free or low-cost legal help to people with limited income.
• Call 2-1-1, a confidential helpline, and ask for legal aid or consumer help near you.
• Ask a lawyer to work out the exact deadline for your bill. The CFPB suggests this because the start date and the kind of debt both matter.

Write down the date of service, the date of your last payment and the date of the first collection letter before you call. Those dates make the answer much easier to work out. Bring any letters, court papers or receipts you have, and keep notes on who you spoke to.

A time limit is not a reason to avoid a bill you owe, and it does not help if the bill is still new. If you do want to settle a debt, the negotiation guide and the guide on hospital financial assistance can lower what you owe. If you think you are having an emergency, call 911 or go to the nearest emergency room, and do not let a bill stop you.

For help finding a doctor you can afford for regular care, use our directory.