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Maryland Collections Questions & Answers
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.

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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...
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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 »

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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...
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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... 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.

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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
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... 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 »

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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
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 »

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