Legal Question in Credit and Debt Law in Maryland

Statute of limitations judgement

I had a collectioin agency/attorney send me notice of a credit card debt that was 3-5 years old. They then served a summons to my parents' home, in which I did not reside. I visited an attorney with my mother for another legal matter, but while there inquired about the summons, for which I thought I needed to be personally served. He told me that since I did not reside there and I wasn't served that it wasn't legal, and that the SOL had more than likely expired. I called the collecting attorney and they would not release information regarding the SOL. The matter went to court w/o me and I now have a judgement against me which almost doubled the amount originally owed and with a daily interest rate. What can I do?


Asked on 9/15/03, 4:46 pm

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

Re: Statute of limitations judgement

You can file a motion to revise and/or vacate the judgment with the court on the basis that you were not properly served. You also probably have an FDCPA and Maryland Consumer Debt Collection Act claim against the responsible parties. Go to the court file and get copies of the papers where they claim to have obtained valid service on you. You may a basis to claim they were fraudulently filed. You should move as quickly as possible.

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Answered on 9/15/03, 9:30 pm


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