Legal Question in Credit and Debt Law in Maryland

Affidavit Judgment?

I was recently sued by a collection agency. I didn't show up to court because of severe weather and I just found out that the Lawyer didn't either. He was able to come in on December 13th and get a affidavid judgment against me, whatever that is. I didn't know anything about the 30 day appeal period. I just assumed because I didn't show that he was able to get a default judgment. So I really didn't have a chance to defend myself. The SOL was up on this account in February 2000, so he really should not have been able to sue me. The papers he submitted to the court showed the last payment date as Jan. 2002, which is untrue and I'm sure this was done intentionally. My check was garnished in the amount of $2250, $74 over the judgment amount. It has since been satisfied. It's been over 15 days and the lawyer still hasn't reported it as such. And, there are two judgment listings on my credit report-one dated Dec. 1 and the other Jan. 1 and they are for the same debt. Is there anything I can do at this point? I read somewhere that you have one year from the date of occurence to take action if you suspect that you have been a victim of an unlawful attempt to collect a debt. Thank you.


Asked on 5/09/03, 4:33 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Affidavit Judgment?

The SOL under the federal FDCPA is one year. Under the MD debt collection act, it is three years, but you must show actual damages. If something is reported twice or incorrectly on your credit report, there is a procedure described with the credit report for formally disputing the mistake. The credit reporting agency will contact the creditor to confirm whether the reported item is correct, and then update your credit report accordingly. If they still refuse to take it off your report, you are entitled by law to have your own statement up to 100 words included in your report. You may then possibly sue the creditor under the Fair Credit Reporting Act for the false reporting on information.

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Answered on 5/09/03, 7:12 pm


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