Towson, MD asked in Collections for Maryland

Q: I rec'd a Writ of Summons to appear in district court of Maryland for a debt collection.

The Date Filed: 11/09/2020; Issue Date: 09/08/2021 almost a year later. Is this considered a serious delay that would help my case?

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

A: Not likely. Delay alone is not a defense. You would have to show some inordinate and unreasonable delay that resulted in actual prejudice to your ability to defend the case as a result of the delay. This can happen in cases where a case is delayed for so log that an essential witness has died, or key witnesses can no longer remember clearly what happened, or some other evidence is no longer available. One year is not very long for those types of prejudicial effects. The defense, however, is called "laches."

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