Accokeek, MD asked in Collections and Consumer Law for Maryland

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

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

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.

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