Upper Marlboro, MD asked in Bankruptcy and Consumer Law for Maryland

Q: There's a 3 year statute of limitations in the state of Maryland how can a collection agency place a judgement on me.

The original creditor charged it off

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Assuming the 3 year SOL applies to your debt, the 3 years starts to run from the later of: date you first breached the agreement to pay (defaulted); the date you last made a payment on the debt; or the date you last acknowledged that you owed the debt. Suit must be filed before the SOL expires to avoid the defendant from raising the defense and dismissing the suit. However, the defense can be waived if not raised in the answer or if no answer is filed. One the suit is filed within the SOL, then any judgment entered thereafter is enforceable for 12 years from date of entry, and may be renewed another 12 years. So, if there is a judgment, you need to look up when the suit was first filed and determine whether you were properly served or not.

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