Lawyers, Answer Questions  & Get Points Log In
Maryland Collections Questions & Answers
2 Answers | Asked in Collections for Maryland on
Q: Can a debt collection agency collect a debt for a 40 year old traffic ticket issued by the state of Maryland?

This ticket was paid but I have no proof as it was 40 years ago

Mark Oakley
Mark Oakley
answered on Feb 9, 2023

Pursuant to Courts & Judicial (CJ) Proceedings Code, 5-107, "a prosecution or suit for a fine, penalty, or forfeiture shall be instituted within one year after the offense was committed."

Under CJ 7-505, "Unpaid and undischarged fines and unpaid costs may be levied,...
Read more »

View More Answers

1 Answer | Asked in Consumer Law, Collections and Elder Law for Maryland on
Q: A debt collector is attempting to collect a debt over 15 yo from my elderly parents who are MD. Is that possible?

By the way, I read that a debt collector per the State of MD cannot collect on a debt that is more than 3 years old. The debt is over $2,000 but they (Lake City Credit) will settle for $300.

Mark Oakley
Mark Oakley
answered on Jan 19, 2023

The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is... Read more »

2 Answers | Asked in Collections for Maryland on
Q: Hi currently my wages are being garnished. What can I do to have the payments lessened?

I'm experiencing a financial hardship due to this garnishment. How can I request to have the payments lessened so that I can maintain my other financial obligations?

Scott Scherr
Scott Scherr
answered on Dec 30, 2022

You should speak with a bankruptcy attorney to see if bankruptcy is an option for you.

View More Answers

1 Answer | Asked in Contracts and Collections for Maryland on
Q: I would like to challenge the jurisdiction of a MD District court. I do/did not live in MD at the time of service.

Does payment to a credit card made from an address in the MD district in 2010 qualify as minimum contact? I currently live in FL and I lived in PA when the suit was filed in 2013. The only thing tying me to MD at all is this one payment.

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

No, unless the suit involves the transaction itself in Maryland, such as you entered into a contract to purchase a product or service in Maryland and paid the initial payment toward the contract there before leaving. Mailing a check to a credit card company from Maryland or paying toward the credit... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Maryland on
Q: If a case has been dismissed voluntarily without judgement, how long does the plaintiff have to retry the case in MD?

The case is for credit card debt. Are there any typical reasons they would voluntarily dismiss the case without judgement?

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

If the dismissal is "without prejudice" then they can re-file suit so long as they do so within the original statute of limitations, which is 3 years in Maryland for typical credit card debt. The 3 years begins to run from the date the last payment under the credit card agreement became... Read more »

3 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

View More Answers

2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... Read more »

View More Answers

1 Answer | Asked in Collections for Maryland on
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?

Mark Oakley
Mark Oakley
answered on Jun 22, 2022

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,... Read more »

2 Answers | Asked in Consumer Law and Collections for Maryland on
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... Read more »

Scott Scherr
Scott Scherr
answered on Mar 19, 2022

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.

View More Answers

1 Answer | Asked in Collections and Consumer Law for Maryland on
Q: Am I or my assets liable if add fiance to bank acct OR credit card, if a past Collections comes after her? Thanks.

Newly engaged and want to add fiance to bank account(s) and or credit cards of mine for access. Trust is complete from me to her...

She has a $120k debt from car accident (torn artery/needed resuscitation) 7 years back. Those bills stopped and havent been seen in longgggg time... thry dont... Read more »

Daniel Staeven
Daniel Staeven
answered on Dec 6, 2021

The simple answer with this fact pattern is that you have liability for your cash in a bank account as it will be presumed that she owns half of the money prior to your marriage. This fact pattern is only presumed if the creditor comes after your jointly owned account.

Adding your fiance...
Read more »

2 Answers | Asked in Collections for Maryland on
Q: MD CCU debt for car that had engine damage and was sold and no longer in my possession

Marryland Central collection unit is after me for a car that I had but was sold off, as the engine got damaged but I didn't return the title/plates. Now they are asking for tax arrears

Daniel Staeven
Daniel Staeven
answered on Nov 8, 2021

Typically, the Central Collections unit will set up a payment arrangement with you. Additionally, they can be paid over the course of 5 years through a Chapter 13 bankruptcy case. You should contact an attorney to guide you through this process.

View More Answers

1 Answer | Asked in Consumer Law and Collections for Maryland on
Q: Does time barred debt cover school tuition in Maryland from 2009
Daniel Staeven
Daniel Staeven
answered on Oct 25, 2021

It depends. What type of school debt are you talking about? Is this a private school for children? Or, private loans for undergraduate or graduate schools? Or, loans for a college education? The type of debt will depend on whether it is time-barred or not.

You should contact an attorney to...
Read more »

1 Answer | Asked in Contracts, Civil Litigation, Collections and Health Care Law for Maryland on
Q: I'm being sued by a doctor who did my surgery 3 years ago.

Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... Read more »

Mark Oakley
Mark Oakley
answered on May 23, 2021

You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Collections for Maryland on
Q: How can I get a lien removed against my home?

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander
answered on Nov 12, 2020

In that case, you will likely want to retain an attorney to reach out to the firm on your behalf to see what can be done.

Best,

-Leonard

2 Answers | Asked in Real Estate Law and Collections for Maryland on
Q: We would like to know what are options are in removing the lien from our home in Harford County in Maryland.

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander
answered on Oct 28, 2020

Contact a lawyer who handles real property law, but honestly, if you can prove that you paid off the debt, this should be pretty straightforward to handle.

View More Answers

1 Answer | Asked in Collections and Landlord - Tenant for Maryland on
Q: How can a landlord send me to collections, for repairs to property after I have moved out, after living there over 8 yer

I rented from landlord for about 10 years in Maryland. After about 5 to 6 years never could get any repairs, or updated appliances that were failing such as refrigerator, gas stove. They were completely not safe or working properly from normal aging and wear and tear. Front steps were crumbling I... Read more »

Leonard A Englander
Leonard A Englander
answered on Oct 11, 2020

It would depend on what the damages he claimed were. If they were ordinary wear and tear, which it sounds like it might be given the length of the tenancy, then no, he cannot hold you accountable for it.

If it was for damages beyond ordinary wear and tear (ie. put your fist through the...
Read more »

1 Answer | Asked in Collections and Small Claims for Maryland on
Q: Can my license get suspended after 7 years of not hearing a single word from the dealership I'm being sued

And their lawyer is saying I'm gonna lose my license until it gets paid

Diana Valle
Diana Valle
answered on May 25, 2020

More details are needed. Who is suing you and what is the debt for? If it is for past due child support that is a possibility. I would need more details to provide you with a better answer.

1 Answer | Asked in Collections for Maryland on
Q: Maryland Statute of Limitations Regarding Debt Collection of a Deceased Individual

My mother passed away with about $13k in her account, but had a $100k debt with the state of Maryland for medical expenses. They sent me a bill for the money, but I explained that I had only inherited the $13k, and they then sent a letter saying it was dismissed without prejudice. Is there a... Read more »

Mark Oakley
Mark Oakley
answered on May 16, 2020

Creditors of an estate have 6 months from the date of death at latest to file a claim with the Register of Wills raising their claim, or the right to assert a claim against the estate is lost. Further, assuming the $13,000 was actually in the estate and was not paid directly to a "transfer on... Read more »

2 Answers | Asked in Contracts and Collections for Maryland on
Q: I had a pole barn put up by a co.! everything is fine except I need the 3ft. door raised up 4 inches for concrete!! they

won`t come back to finish it! say they are taking me to collections, I haven`t had a final walk through yet, and they want the final payment!! can you advise me on what to do?? thank you!!

Rolanzo Richard White
Rolanzo Richard White
answered on Mar 4, 2020

Well, it really depends on the contract you signed with them. I'm curious as to what acceptance of the final work product is explained to be, and whether the contract said anything about modifications to the work. If they have a duty to come back and raise the door, which they probably do,... Read more »

View More 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.

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.