Baltimore, MD asked in Bankruptcy and Consumer Law for Maryland

Q: Question about 5-101 Maryland. Where does the 3 year date start? It says from the date it accrues?

Related Topics:
3 Lawyer Answers

A: The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under seal; until age 34 for sexual abuse; and other exceptions as well. The issue is fact-specific. Terry Nolan 410-242-9177

David Gormley and Bruce Alexander Minnick agree with this answer

A: In some cases, it’s easy: 3 years from the date of accident for a personal injury claim; 3 years from the date payment was due on a breach of contract for nonpayment of money owed. Caveat: for persons under 18 years of age, the statute begins when they turn 18. Sometimes, the statute can be extended, depending on various factors. In a debt claim, the statute can run 3 years from the date the last payment was made on the debt, even if it’s more than 3 years after it came due.

David Gormley agrees with this answer

A: For debts it runs from the breach of the contract. Usually this is the date of the last payment.

For more information on this statute see the Maryland People's Law Library article: https://www.peoples-law.org/statute-limitations

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.