Legal Question in Criminal Law in Maryland

debt collection

I previously loaned a friend a small amount of money ($400.00) and he promised to pay me back. I have been calling his home and asking for it. His wife informed me that if I continue to call there, she would get a restraining order against me for this. I am just attempting to collect a debt owed to me. Can I continue to call to collect my debt or could she possibly get me in trouble for doing this?


Asked on 3/16/03, 1:05 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: debt collection

Fair Debt Collection law applies primarily to those collecting debts held by others.

Nonetheless, statute applies to determine reasonable collection actions for debt held by a primary party (i.e., that party to whom the debt is due).

You do not identify the basis underwhich you may collect; however, a good course of action is to get a judgment and then pursue collection. Other collection actions may apply.

Since your claim is within the limits of jurisdiction of District Court, you can file a small claim in the court where the debtor resides. Other jurisdiction may exist for another county in Maryland.

I am a general practice attorney. If you should require my assistance for this or any other matter, please feel free to contact me. I appreciate referrals.

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Answered on 3/16/03, 8:32 pm


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