The Statute of Limitations for a Court Judgment in Maryland

The statute of limitations in civil cases can be extended under specific circumstances.

Title 5 of the Courts and Judicial Proceedings article of the Maryland Statutes provides the basis for the length of the statute of limitations in Maryland civil cases. Subtitle 1 contains statutes related specifically to the limitations periods, and Subtitle 2 provides for exceptions to the limitations periods.

Limitations Period

Maryland Statute 5-102(a)(3) establishes the statute of limitations as 12 years after the date of entry of judgment in regard to enforcement of court judgments or within 12 years from the date of death of a judgment debtor or judgment creditor, whichever occurs first.

Exception

Maryland Statute 5-102(c) provides that the 12-year statute of limitations period does not apply to actions brought by the state of Maryland.

Tolling Periods

The statute of limitations period is extended in several situations. The limitations period is extended for claims by a minor or incompetent person (Section 5-201), for failure to file file a claim due to fraudulent representations made by an adverse party (Section 5-203) and for cases in which a party purposefully conceals himself by remaining outside the state of Maryland or by moving from county to avoid enforcement of the judgment (Section 5-205).

Foreign corporations or foreign limited partnerships cannot raise a statute of limitations defense for transactions or liabilities that occurred during the time that the entity was not qualified or registered to conduct business within the state of Maryland (Section 5-204).

References

• Maryland Statutes: Title 5 (Limitations, Prohibited Actions, and Immunities)
• Justia: Maryland Courts and Judicial Proceedings Section 5-102