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 »
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?
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....Read more »
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 »
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... Read more »
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.
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.
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 »
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 »
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...Read more »
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...Read more »
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.
Job and did not pay the debt. Now a collection lawyer has sued her for $7524.69 and the trial is set for October in Maryland court. I have called the lawyer and offered to settle her debt for $3000 which is all I can afford. They refused and offered to settle for $6500. I certainly cannot afford... Read more »
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.
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.