Legal Question in Credit and Debt Law in Maryland
How long does creditor have to collect old debt?
I received a letter from an attorney representing a person that I borrowed $5,000 from 11 years ago. There was a lien placed on my home for $5,000 for this debt. The home was foreclosed on 10 years ago. Can this person still try and collect the money from me?
2 Answers from Attorneys
Re: How long does creditor have to collect old debt?
The action is most likely barred by statute of limitations. In order to accurately answer your question, I need to know whether a note or mere contract was signed and whether the such agreement permitted the lien. If a mechanics lien was effected then this will attach to the property. On the other hand, an action on an account must be commenced within 3 years. If the lien was not properly perfected, other remedies may apply. For a moderate fee, I will look into the matter and draft a letter to pusue expungement of the claim if legal basis permits or otherwise seek a legally effected compromise and accord.
G. Joseph Holthaus III
(410) 799-9002
Re: How long does creditor have to collect old debt?
If creditor obtained a judgment against you, it is enforceable in Maryland for 12 years. If the judgment against you is more than 12 years old, you need to find out whether creditor revived the judgment. If the judgment is more than 12 years old, and has not been revived, then the judgment is no longer enforceable.