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Maryland Collections Questions & Answers

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 answered on Jun 13, 2019

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

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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 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 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...
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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 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 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 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 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 »

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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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Collections and Consumer Law for Maryland on

Q: Amount of time the law gives you before lien?

What is the amount of time you get before lien? Also if you rent a room in a house, can a lien be placed on the house(which you don't own)?

Eric Todd Kirk answered on Mar 5, 2017

It is not possible to fully answer your question without some additional context. The law does provide that, in certain instances, individuals can assert a lien without first obtaining a judgement. Examples here would be a mechanic's lien or a lien for attorneys fees. In other instances one must... Read more »

1 Answer | Asked in Collections for Maryland on

Q: I just want to clean up md case search recently went on and judgements from years ago appeared never made to court paid

Before date and it was dismissed can ut be removed? And why 20 years later did it pop up

Bennett James Wills answered on Oct 3, 2016

You will not be able to remove civil judgments from case search. Even if you paid the judgment.

1 Answer | Asked in Collections for Maryland on

Q: In Maryland, on a fixed loan, how many payments can be missed before they are allowed to file a claim in small claims

Robert Jason De Groot answered on Nov 9, 2015

Just one, but they usually wait until at least 2 or 3 have been missed. They might wait much longer than that, and it depends upon the statute of limitations on contracts in MD.

1 Answer | Asked in Collections for Maryland on

Q: Is there a maryland law that protects against debt collectors calling other people and telling them about your debt?

Rachel Lea Hunter answered on Jun 29, 2013

I don't know about Maryland specifically. Some states have such laws; most do not. However, there is a federal law called the fair debt collection practices act. It provides that a debt collector is only permitted to contact third-parties (like an employer or co-worker or relative) once for the... Read more »

1 Answer | Asked in Collections for Maryland on

Q: I received a call from someone trying to collect a debt from august 2007 which I am not sure we owe. is this still legal

Paula McGill answered on Nov 9, 2012

It is legal to call on a debt until you tell the debt collector not to call. Also, if you don't agree to anything or admit to anything, you can just wait until the limitations period runs or the debt collector sues. If you are sued, you may have several defenses.

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