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?

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3 Lawyer Answers
Terrence M. Nolan
Terrence M. Nolan
Answered
  • Bankruptcy Lawyer
  • Baltimore, MD
  • Licensed in Maryland

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

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

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

David Gormley
David Gormley
Answered
  • Bankruptcy Lawyer
  • Waldorf, MD
  • Licensed in Maryland

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

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