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Maryland Collections Questions & Answers
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
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.... View 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... View More

Stuart Nachbar
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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... View More

Cedulie Renee Laumann
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
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... View More

Nels Hansen
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... View 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
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
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
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
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... View 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
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.

1 Answer | Asked in Collections for Maryland on
Q: If a credit card company sells my debt to a debt collector, can I still pay the credit card company?
David Thomas Wagner
David Thomas Wagner
answered on Oct 19, 2011

If you know that the credit card company has sold your debt why would you want to pay the credit card company?

1 Answer | Asked in Collections for Maryland on
Q: My Granddaughter owes a credit card debt which she aquired before she was married and is her maiden name. She lost her

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... View More

David Thomas Wagner
David Thomas Wagner
answered on Sep 8, 2011

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.

1 Answer | Asked in Collections for Maryland on
Q: Can I settle a suit once I have received the letter in the mail from the court?
Anthony J. Pietrafesa
Anthony J. Pietrafesa
answered on Feb 12, 2011

Sure. You can talk to the lawyer handling the case fo rthe creditor, but be sure you have a plan, i.e., an amount you think is fair and a payment plan you can live with.

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