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Maryland Collections Questions & Answers
1 Answer | Asked in Family Law and Collections for Maryland on
Q: I'm unsure if I have a legal issue or not. I seperate with my non married partner which lead to me being sent to collect

Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More

1 Answer | Asked in Collections and Probate for Maryland on
Q: How long can creditors make claims on a decedent's estate? All notices were given and the estate closed in Dec 2022.

The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?

Mark Oakley
Mark Oakley
answered on Mar 29, 2023

If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... View More

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,...
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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

Let me add to my answer as follows: All traffic citations appear on your Maryland driver's license, at least all moving and equipment/registration violations (perhaps not parking tickets). Therefore, go online to the MVA website and download your complete driving record and see if it shows... View More

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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... View More

1 Answer | Asked in Consumer Law, Business Law and Collections for Maryland on
Q: Is this an FDCPA violation?

A lawyer (debt collector) issued subpoenas to my boyfriend, my bank, and my multi-member LLC's registered agent, all of whom are outside of the state the judgment was recorded in. Is that considered informing third parties? Is it an FDCPA violation worth suing over?

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2023

If the judgment was domesticated into the State in which the subpoenas were issued, it is proper.

1 Answer | Asked in Consumer Law and Collections for Maryland on
Q: Can they repo your car off a gated garage with no warning or nothing where u live and pay to park
John Michael Frick
John Michael Frick
answered on May 31, 2023

Typically, auto finance companies and banks are required to give the borrower notice that their account is past due before repossessing the car pledged as collateral.

3 Answers | Asked in Traffic Tickets, Car Accidents and Collections for Maryland on
Q: Can Maryland's State Highway Administration lawfully bill citizens for damage repair? Ex: guard rail.

Specifically if a citizen was found Not Guilty on a specific charge that caused repairs to be made?

Ronald V. Miller Jr.
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answered on Apr 25, 2023

Not guilty does not necessarily mean you were not responsible. So this question cannot be answered without knowing all of the facts. But the not guilty does not necessarily release your potential liability

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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.

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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... View 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... View 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.

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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.
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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... View More

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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,... View 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... View 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.

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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... View 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...
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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.

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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...
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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... View 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... View 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... View 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

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