Statute of Limitations
Date: Tue, 12/27/2011 - 13:27
Quote:. When does the statute of limitations begin - when the c
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.
Statute of Limitations
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.
If you can find a good consumer attorney, you might be able to f
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.