Statute of Limitations for Account Stated / Open Account in Maryland

5 min read

Published March 22, 2026 • By DocketMath Team

Overview

In Maryland, the statute of limitations (SOL) sets a deadline for when a creditor can file a lawsuit to collect a debt. For an account stated or an open account—two common debt-collection labels—Maryland does not provide a special, separate limitations rule in the way some jurisdictions do. Instead, claims like these typically fall under Maryland’s general limitations framework.

DocketMath’s statute-of-limitations calculator helps you translate key dates (especially the date the debt accrued or the date of the last relevant activity) into a filing deadline, based on Maryland’s default SOL period.

Note: This post describes Maryland’s general default limitations rule. It does not confirm how a particular debt label will be treated in every case with every fact pattern.

If you’re trying to understand “how long does the other side have to sue?” Maryland’s starting point is Md. Code, Cts. & Jud. Proc. § 5-106, which provides a 3-year limitations period for many actions on contracts and similar claims.

For quick navigation, you can start with DocketMath here: /tools/statute-of-limitations.

Limitation period

The default SOL: 3 years

Maryland’s general rule (used as the default for these debt-collection categories) is:

  • 3 years under Md. Code, Cts. & Jud. Proc. § 5-106

Because no claim-type-specific sub-rule was found for account stated versus open account, the 3-year general/default period is the period discussed for these claim labels in this guide.

What that means in practice

To compute the deadline, you typically need to identify the “starting point” date. In debt-collection disputes, that starting point often depends on the facts, such as:

  • when charges or services ended (for an open account),
  • when the debtor and creditor treated a balance as agreed (for an account stated),
  • or when the creditor had a cause of action to sue.

Since debt documentation varies, DocketMath focuses on the date you enter as the “trigger” date (more on this below). Change that input, and the calculated “latest filing date” moves accordingly.

Understanding the “latest filing date”

The SOL calculation generally produces a “last day to file” based on:

  • Trigger date + 3 years (per the statute)

If a lawsuit is filed after the computed deadline, the claim may be time-barred—subject to any exceptions discussed next.

Key exceptions

Maryland’s SOL analysis doesn’t always end with “3 years.” Certain doctrines can extend the deadline or prevent it from running, depending on the facts.

1) Tolling based on recognized legal circumstances

Some situations can pause or extend the limitations clock (often referred to as tolling). Common examples in many legal systems include certain types of disability, specific statutory tolling triggers, or other recognized legal events. The exact applicability depends heavily on the fact pattern.

  • Practical takeaway: If there was a legally significant event that paused the clock, a simple “trigger date + 3 years” approach may understate the filing window.

2) A “new” event that changes the starting point

In some contract/debt contexts, later events (like a payment or a new acknowledgment tied closely to the debt) may affect when a creditor can claim the SOL began.

  • Practical takeaway: The date you choose as the trigger in DocketMath should match the event you believe starts the SOL under your circumstances (for example, last payment or last agreed balance date), because the output depends directly on that choice.

3) Waiver or estoppel arguments

Even when a claim appears untimely, a defendant may face arguments about waiver or reliance that affect the SOL defense.

  • Practical takeaway: You can calculate the deadline, but litigation often turns on contested facts and how they affect the SOL timeline.

4) Removal of certainty around account labeling

“Account stated” and “open account” labels can overlap in real disputes, and the pleadings may frame the claim differently. Maryland courts look to substance over label.

Warning: Do not rely only on the debt category wording (“account stated,” “open account,” “contract,” or “account”). Maryland’s SOL outcome can hinge on the underlying transaction history and the specific date events.

Statute citation

Maryland’s general/default SOL period is found at:

  • Md. Code, Cts. & Jud. Proc. § 5-1063 years (general limitations period used as the default for many contract-related actions)

Reference link (includes the statutory text and context):
https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-5-106/?utm_source=openai

Use the calculator

DocketMath’s statute-of-limitations tool turns the statute period into a concrete deadline you can work with—useful when you’re sorting documents, checking timelines, or preparing questions for a review.

Start here: /tools/statute-of-limitations.

Typical inputs to use

Use the tool’s inputs to reflect your best factual “trigger” date. Common trigger-date choices include:

  • Date of last payment (if you believe that payment resets or changes the relevant timeline)
  • Date the account balance was agreed (often the “account stated” date)
  • Date charges/services ended (often tied to the “open account” period)

Then, the tool applies Maryland’s 3-year general/default SOL for the calculation.

How outputs change when inputs change

Because the statute period is fixed at 3 years under the general rule, the biggest driver of the result is the trigger date.

  • Move the trigger date forward by 30 days → the calculated “latest filing date” also moves forward by about 30 days
  • Use a trigger date earlier than you think → you shorten the window and the deadline may look sooner

A practical workflow for accuracy

Check your documents in this order:

Note: DocketMath calculations are timeline tools—not litigation decisions. If you’re deciding how to respond to a filing, timelines should be verified against the pleading, exhibits, and Maryland-specific procedural rules.

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