Q: Midland funding filed a suit in 2019 and the summons was just issued. I am just now being served a summons.
My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the statue of limitations still apply in this case, or no, because they filed in 2019. Is there a limitations on when a summons needs to be issued and served after filing?
A: The statute of limitations is satisfied once the lawsuit is filed. So long as the lawsuit was filed within three years, the statute of limitations was satisfied. In addition, some contracts are under seal in which case the statute of limitations is 12 years.
Leonard A Englander agrees with this answer
1 user found this answer helpful
A: I agree with Counsel. The Statute of Limitations simply means that the case must be filed within that time.
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