Legal Question in Credit and Debt Law in Maryland

Bill from 2000 that was settled

I live in MD and a debt collector sent me a bill for a hospital visit on 10/18/2000 for $955.00. I had settled this debt in 2002; however, I cannot find my check and the debt has been purchased by another agency who sent me the letter. I sent this agency a letter asking them to varify my debt to them and they responded with that bill. What can I do at this point in regards to this debt? Has the statute of limitations run out in MD?


Asked on 9/25/07, 12:24 am

1 Answer from Attorneys
Eugene Policastri Bromberg, Rosenthal, LLP

Re: Bill from 2000 that was settled

The statute of limitations is three years and so you would have an affirmative defense in the event you were sued on this debt.

The claim is also barred on the grounds of settlement, the burden of proof is on you to establish that the payment settled the entire claim. At the very least you need to call your bank to try to get a copy of the check or other proof of payment. Any settlement agreements reached should be reduced to writing and signed by all parties. With the present ability to "package" and sell debt, your only protection against this very action would be a copy of the check and settlement agreement. With those documents, continued pursuit of the claim would expose the debt collector to a fair debt collections practices act claim.

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Answered on 9/25/07, 11:27 am


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