Q: I Live in the State of Maryland when does the Statue of limitations expire to collect on a line of credit?
I filed for Bankruptcy 3 years ago and I dismissed my case I have creditors trying to collect on debts since I dismissed my Chapter7 case these creditors did not attend my 341 meetings when they were notified about my Bankruptcy. I dismissed my BK because I got caught up on my mortgage and because of health reasons. I worked out a payment plan for my credit cards but I have read that the statue of limitations is 3 years in Maryland. Can they still try and collect on these accounts? I converted my Chapter 13 case to a Chapter 7 my income was to high so I filed a motion to end my Bankruptcy case. Due to my poor health and the fact that I will be retiring soon is why I made this decision. I would appreciate any advice you may have regarding this stressful situation that I am in. Two of my accounts were sold to a collection agency and I responded to the letters that they sent. I am still waiting for a reply. Can you provide any advice on how I can deal with these creditors. Thanks
A: The SOL is three years from the date of the last payment you made to them, so if you've made payments within the past three years, you extended the SOL for the entire balance still unpaid. You also may have "acknowledged" that you owe the money, which in Maryland can re-start the 3 year SOL from that date (although the law is changing on that type of SOL trigger). You can send written cease and desist letter directing that they no longer communicate with you, and by law they must stop or you may sue for up to $1,000 per violation. If the SOL is indeed expired, then you can include that defense in your cease and desist letter, or have a lawyer mail a letter to that effect.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.