logo

Debtconsolidationcare.com - the USA consumer forum

Statute of Limitations

Date: Tue, 12/27/2011 - 13:27

Submitted by Katrena
on Tue, 12/27/2011 - 13:27

Posts: Credits: [Donate]

Total Replies: 3


I have a creditor that is trying to sue me for a written contract in Maryland. I wrote to the court and asked the court to dismiss it based on the statute of limitations have expired. The court said that it was moot. When does the statute of limitations begin - when the case was filed or when I was served? Apparently, the creditor filed the case over 2 years ago and I was not served until recently. The creditor would keep renewing the summons before the court would dismiss it. Help please!


Quote:

. When does the statute of limitations begin - when the case was filed or when I was served? Apparently, the creditor filed the case over 2 years ago and I was not served until recently. The creditor would keep renewing the summons before the court would dismiss it. Help please!


Neither. The SOL begins from the date of your last payment. As long as they filed before the Maryland SOL of 3 years on written contracts expired, the debt would still be within the SOL.


lrhall41

Submitted by SOAPLADY on Tue, 12/27/2011 - 17:36

( Posts: 17315 | Credits: )


Okay, is there any protection for the consumer? It seems that if a creditor wanted to they could just keep renewing the summons forever and they would be covered under the SOL. My last payment was made 6/1/2008. SOL expired 6/1/2011. I was served on 9/9/2011 and found out that the case was filed on 4/8/2009. Shouldn't service be made within the time of the SOL? According to the court, the attorney renewed the summons on 3/30/2010, 4/12/2011, and 9/9/2011. Should there be a good faith effort in trying to serve the other party? I am not hard to find.


lrhall41

Submitted by Katrena on Mon, 01/09/2012 - 12:46

( Posts: | Credits: )


If you can find a good consumer attorney, you might be able to fight them on the point. But, if the court has already told you the point is moot, it could be a waste of time.


MD
Rule 2-113. Process ??? Duration, dormancy, and renewal of summons.

A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.


lrhall41

Submitted by OhioGal1 on Mon, 01/09/2012 - 13:22

( Posts: 5253 | Credits: )