Lawyers, Answer Questions  & Get Points Log In
Maryland Collections Questions & Answers
1 Answer | Asked in Tax Law and Collections for Maryland on
Q: I owe a debt to a local community college in Maryland.

I owe a debt to a local community college in Maryland. I never paid the school and the state sent me a letter last year telling me they would take my taxes if I didn’t pay. I called and set up a payment arrangement through the states debt collection systems. Although I have not kept up with these... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 7, 2020

Yes, of course they can take your tax refunds; every year as long as the debt remains unpaid.

1 Answer | Asked in Collections for Maryland on
Q: Is small claims the best venue to file for security deposit return if amount collectable by law (Maryland) is over 10k?

Three times security deposit amount, plus interest and attorney fees may be granted if security deposit is not returned 45 days after the end of the tenancy and landlord stopped communicating.

Mark Oakley
Mark Oakley answered on Jan 19, 2020

In Maryland, any lawsuit not exceeding $5,000 is a small claims action. Above that amount it is a large claim and the formal rules of evidence apply. A judge is not required to award three times the security deposit. It is discretionary, so you may claim that amount and receive less.

1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
Read more »

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: I have a 2nd mortgage discharged in a Chapter 7 bk in 2011 in Maryland. Is there a statute of limitations on this?
Timothy Denison
Timothy Denison answered on Oct 12, 2019

Statute of limitations on what?

1 Answer | Asked in Collections and Traffic Tickets for Maryland on
Q: I am being approached by a collection agency that appears to buy old moving violation tickets in DC and Maryland

I noticed the calls are coming a little more frequent and the last call I got the rep started being more aggressive in her eluding to taking further steps of action if I don't pay these so-called outstanding tickets? The approach I took with them is I am not paying tickets dating back 6 years plus.... Read more »

Mark Oakley
Mark Oakley answered on Aug 23, 2019

Generally speaking, fines and penalties do not have statutes of limitations. In the case of moving violations, nonpayment results in suspension of your driving privileges in the jurisdiction where the unpaid ticket was issued, and then upon notification to the state that issued your license (if... Read more »

2 Answers | Asked in Contracts and Collections for Maryland on
Q: Is it legal to garnish my pay check for a broken lease that I signed in 2003, now in 2019?

I signed a lease March 2003 for move in date April 2003 I wrote a letter stating I would not be moving in the appointment was still rented out that April to someone else. 2012 the rental company came after me for payment, then again I’m 2015 now I’m 2019 my check is being garnished for this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 13, 2019

Unless you are omitting salient facts the answer is no. Challenge it.

View More Answers

1 Answer | Asked in Banking, Consumer Law and Collections for Maryland on
Q: Can a company you have a bill with take money from your checking account without a judgment
Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.

1 Answer | Asked in Collections for Maryland on
Q: CAN I HAVE A JUDGEMENT VACATED IF THEY SERVED PAPERS TO A WRONG ADDRESS OR FILE A CLAIM HARDSHIP?

MOVED OUT 8/15/18. SUMMONS WAS SERVED ON 8/28/18 ACCORDING TO THE ONLINE MD CASE SEARCH. NEVER RECEIVED DIRECTLY. HEARING/JUDGMENT WAS ON 10/29/18. I, OF COURSE, WAS NOT THERE SINCE I WAS UNAWARE. WRITS OF GARNISHMENT FILED FOR BOTH PROPERTY AND WAGES HAVE FROZEN MY ACCOUNTS. THIS IS HOW I FOUND... Read more »

Mark Oakley
Mark Oakley answered on Jan 31, 2019

(1) File a motion to vacate based on lack of service, explain the date you vacated and that the affidavit of service shows delivery after that date and that you never were served or received actual notice of the complaint against you; and

(2) immediately file an objection in writing to...
Read more »

1 Answer | Asked in Collections and Consumer Law for Maryland on
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... Read more »

Mark Oakley
Mark Oakley answered on Aug 28, 2018

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... Read more »

1 Answer | Asked in Tax Law and Collections for Maryland on
Q: we just received notice from credit report about a maryland tax lien

i was finally able to locate the lien and called comptroller collection to find out it was from 2007 individual tax return unpaid. we moved from maryland in 6/08 leaving a forwarding address. never received any notification from them. i had to research several days to locate this. can they place a... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on May 14, 2018

If Maryland (I am not licensed in Maryland) is like every other state I am familiar with then they are only required to send you a notice at your last know address. This means the last address known to them so either the address on your last return or on the change of address form if you filled... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Collections for Maryland on
Q: Is a promissory note considered under seal? What's the difference in Maryland between private contract vs. promissory?

I have 9 student loans with Discover that are in default and need a legal definition of what my agreements actually are

Mark Oakley
Mark Oakley answered on May 13, 2018

It’s only under seal if the word “seal” appears on the signature line. All that does is extend the statuteof limitations for suing in eventod a default from 3 years to 12 years. A promissory note is a contract. It’s a type of contract. It memorializes a monetary debt owed by the promissor... Read more »

2 Answers | Asked in Collections and Estate Planning for Maryland on
Q: My son has a settlement from a auto accident. He past away before he could collect. What do i,his father do to collect
Cedulie Renee Laumann
Cedulie Renee Laumann answered on May 3, 2018

Generally an estate must be opened for the person who died. The Personal Representative is the person appointed by the court with power to deal with any estate issues, including collecting any payment due to the person who died. The Personal Representative must also disburse in proper order... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Litigation and Collections for Maryland on
Q: We received a notice of intent to claim lien for unpaid front foot benefit charges (MD) that we already paid.

We have a copy of the check including the back showing that it was deposited not by the invoicing company but by a company that shares the same registered agent and address as the utility company that invoiced us. The notice states that we must file an action in circuit court to determine whether... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 9, 2018

It is generally a bad idea to deal directly with the other side's lawyer as the opposing client. It is this setting that causes more incidents of laypeople believing that lawyers are dishonest. All ethical lawyers in that setting are bound, and will, tell you the truth from their clients'... Read more »

1 Answer | Asked in Small Claims, Collections and Probate for Maryland on
Q: See

Seeking a lawyer who does claims from a deceased friend account..who borrowed from me before passing.

How do i handle this nightmare.?

I am in md.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 2, 2018

The law sets strict time frames for asserting a claim against a deceased person. Creditors may file a claim in the Estate of a decedent although this is generally limited to the first 6 months after death. The Register of Wills has claim forms available for filing with a modest filing fee per... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Maryland on
Q: I received a judgment in my favor approximately 15 years ago in MD. A car repair co.was at fault. Can I still collect?

I now live in another state. I was told by an atty that the company was liable for the interest as well as the $2500 judgeement. The company at fault had multiple complaints and judgements against them as I researched things myself. I would love to get my money. Any advise?

Bennett James Wills
Bennett James Wills answered on Dec 18, 2017

Unless you renewed it within 12 years, you can't collect.

1 Answer | Asked in Civil Litigation and Collections for Maryland on
Q: how long does a debt collection law firm usually take to file a judgement against someone? i just got my first letter

i called and was informed if i do not make set amount per month tk them that they will continue the process to get wage garnishment against me. i owe 3k and live in maryland

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2017

First someone had to have a court case. Start by asking them in writing to give you the reason they think you owe whoever it is the money. Don't agree you owe it--say you want to see the paper and dispute it (assuming you do). Once you have the papers you need to contact a consumer attorney. Go to... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Collections for Maryland on
Q: I have a court case pending for a debt from nearly 3 years ago. The statute of limitations expires before the court date

But, the motion for a complaint was filed before the statute of limitations date. So the statute expires before the actual court date but after the lawyer filed the complaint. Will I be able to use the statue of limitations as a defense in court, since it will have passed by the time we go to court... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 17, 2017

No Statute of Limitation is a defense only for the filing of the Complaint.

1 Answer | Asked in Collections and Divorce for Maryland on
Q: Can my ex-wife collect a judgement that is more than 12 years old.

I live in Maryland. I was divorced in Virginia more than 12 years ago. My ex claims that I still owe her $30K from that judgement. I don't think so since I declared bankruptcy after that but just in case I need to ask this question. I understand that the statute of limitations on judgements in... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 28, 2017

Setting aside the bankruptcy issue, a judgment in Maryland is good for 12 years but can be renewed for additional 12 year terms. As far as the bankruptcy goes, whatever attorney handled the bankruptcy should be able to explain which debts have been discharged.

1 Answer | Asked in Civil Litigation and Collections for Maryland on
Q: What is a oral examination . I have a judgement from 2013 .. Retirement pension can't be garnished .
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 28, 2017

An oral examination (in aid of execution) is a time of questioning under oath, typically about assets to aid in the collection of a judgment. Judgments are good for 12 years in the state of Maryland and can be renewed for additional terms.

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: heard after 3years I dont have to worry about my credit card debt. Heard just don't pay. What is best?

Have at least 3 credit cards I owe on. I had to quit paying on 2 of them about 2 years ago because of some financial strain. I have continued to pay on one and am finally down to owing $400 and some change. One of the other is 10 thousand something and the other I believe is $2thousand or less. I... Read more »

Nels Hansen
Nels Hansen answered on Mar 27, 2017

You should contact a local bankruptcy attorney and schedule a consultation before you make any payments on the two older debts. If the statute of limitations has run you will be in a stronger position to negotiate a settlement. If the statute of limitations has not run making a payment may alert... Read more »

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.