Maryland Collections Questions & Answers


1 Answer | Asked in Collections for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
(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 each writ of garnishment, and serve a copy on all parties (including your employer and bank), setting forth both your pending motion to vacate judgment for no service, and in the alternative, claiming...

Q: I Live in the State of Maryland when does the Statue of limitations expire to collect on a line of credit?

1 Answer | Asked in Collections and Consumer Law for Maryland on
Answered on Aug 28, 2018
Mark Oakley's answer
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 that date (although the law is changing on that type of SOL trigger). You can send written cease and desist letter directing that they no longer communicate with you, and by law they must stop or you...

Q: we just received notice from credit report about a maryland tax lien

1 Answer | Asked in Tax Law and Collections for Maryland on
Answered on May 14, 2018
Linda Simmons Campbell's answer
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 one out. Try requesting a penalty abatement to lessen your penalties.

Q: Is a promissory note considered under seal? What's the difference in Maryland between private contract vs. promissory?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Maryland on
Answered on May 13, 2018
Mark Oakley's answer
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 to the lender. It is only signed by the person who owes the debt. Generally, it will include an acceleration clause that makes the entire balance due upon the default if any installment payment due...

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

2 Answers | Asked in Collections and Estate Planning for Maryland on
Answered on May 3, 2018
Cedulie Renee Laumann's answer
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 after paying administrative costs and any debts owed.

Estates for people who die without a Will get disbursed under the laws of intestate succession. (who gets this depends on if the child was...

Q: We received a notice of intent to claim lien for unpaid front foot benefit charges (MD) that we already paid.

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Litigation and Collections for Maryland on
Answered on Jan 9, 2018
Richard Sternberg's answer
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' perspectives, but it is the attorneys' primary duty to advance the legitimate interests of the client. Anything you say will become an admission. Anything the lawyer says is his own opinion and isn't binding....

Q: See

1 Answer | Asked in Small Claims, Collections and Probate for Maryland on
Answered on Jan 2, 2018
Cedulie Renee Laumann's answer
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 claim. If the claim is rejected or suit needs to be filed to establish entitlement to money, it may be advisable to use the services of a lawyer. You may wish to start by contacting the Lawyer Referral...

Q: how long does a debt collection law firm usually take to file a judgement against someone? i just got my first letter

1 Answer | Asked in Civil Litigation and Collections for Maryland on
Answered on Dec 7, 2017
Peter N. Munsing's answer
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

Q: I have a court case pending for a debt from nearly 3 years ago. The statute of limitations expires before the court date

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Collections for Maryland on
Answered on Nov 17, 2017
Stuart Nachbar's answer
No Statute of Limitation is a defense only for the filing of the Complaint.

Q: Can my ex-wife collect a judgement that is more than 12 years old.

1 Answer | Asked in Collections and Divorce for Maryland on
Answered on Sep 28, 2017
Cedulie Renee Laumann's answer
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.

Q: What is a oral examination . I have a judgement from 2013 .. Retirement pension can't be garnished .

1 Answer | Asked in Civil Litigation and Collections for Maryland on
Answered on Sep 28, 2017
Cedulie Renee Laumann's answer
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.

Q: heard after 3years I dont have to worry about my credit card debt. Heard just don't pay. What is best?

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Answered on Mar 27, 2017
Nels Hansen's answer
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 the creditor to the deadline. Depending on the circumstances if you settle a debt for less than you owe the amount forgiven will have to counted as income. You can search for an attorney using the...

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

1 Answer | Asked in Collections and Consumer Law for Maryland on
Answered on Mar 5, 2017
Eric Todd Kirk's answer
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 first obtain a judgment, which would then operate as a lien on property owned by or due to the debtor, if properly recorded in the appropriate repositories.

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

1 Answer | Asked in Collections for Maryland on
Answered on Oct 3, 2016
Bennett James Wills' answer
You will not be able to remove civil judgments from case search. Even if you paid the judgment.

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

1 Answer | Asked in Collections for Maryland on
Answered on Nov 9, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Collections for Maryland on
Answered on Jun 29, 2013
Rachel Lea Hunter's answer
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 purpose of acquiring location information about you if the debt collector does not know how to reach you.

The simple way to cut this out is to write a letter to the debt collector about your...

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

1 Answer | Asked in Collections for Maryland on
Answered on Nov 9, 2012
Paula McGill's answer
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.

Q: If a credit card company sells my debt to a debt collector, can I still pay the credit card company?

1 Answer | Asked in Collections for Maryland on
Answered on Oct 19, 2011
David Thomas Wagner's answer
If you know that the credit card company has sold your debt why would you want to pay the credit card company?

Q: My Granddaughter owes a credit card debt which she aquired before she was married and is her maiden name. She lost her

1 Answer | Asked in Collections for Maryland on
Answered on Sep 8, 2011
David Thomas Wagner's answer
If the original debt is in her name only and the property is owned/titled in both names as tenants by the entirety or joint tenants then any judgment against her individually will not attach to and become a lien against the house.

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