Legal Question in Civil Litigation in Georgia

This message is in response to Glen Ashman's reply.

The promissory note says, �I, (defendant�s name), owe (plaintiff�s name) $700. I will repay this loan by making installment payments of $100.00 per month until the loan is repaid in full. If I am unable to make a payment, I will notify (plaintiff�s name).� We both signed and dated the note on 2/24/2010.

The original loan was made over 3 years ago. Since the statute of limitations is 3 years, I would like to sue on the note. The defendant lives in Prince George�s County Maryland. According to District Court of Maryland webpage, I have to sue in the county in which the defendant lives. I did not reference state laws in the note. Based on the information I have researched, I have completed a DC/VC 1 form and attached copies of the exhibits. Before mailing package to the court, I just need to know if I�m still within the statute of limitation guidelines.

I appreciate any information or advice you can give me.


Asked on 4/27/11, 4:58 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Since you don't tell us what state's law applies, or any facts to show what laws apply. you can't get a meaningful response. Maryland lawyers cannot see or respond to your post.

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Answered on 4/27/11, 5:14 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

While I can't tell you what Maryland's statute is, and that matters, the note is a novation, and the date of the original debt is irrelevant. Sue simply on the note and there is no need to mention the debt before that time. In fact you harm your case that way.

In contract law and business law, novation is the act of either replacing an obligation to perform with a new obligation. The new note is when you start counting.

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Answered on 4/27/11, 5:29 pm


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