Re: MD SOL for contract under seal - More Info
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Posted by deryla
(68.55.195.187) on June 09, 2004 at 21:20:24:
In Reply to: Re: MD SOL for contract under seal posted by LadynRed on June 09, 2004 at 14:38:59:
The Student Visa Card was issued by Maryland State Employee's Credit Union in Feb 1997. They are now claiming about $1690 and 15% for attorneys, $250. The summons was filed April 16, 2004, issued April 21, 2004, Trial date June 29, 2004. (Must be served by May 21, 2004). Notice of Intention to Defend to be filed 15 days from day summons received (around May 1st I think). The suit is being brought by the credit union and their collections manager (internal, not agency). Charge off was in Feb, 2001 (last payment was prior to that). So regular SOL should be expired. The application (which they included as supporting docs for the summons) mentions that signature is acceptance of terms and conditions. The copy of the credit card agreement that was included with the summons does not even mention anything about "under seal". There is a (SEAL) on the signature line. Searching the internet, I found Rouse-Teachers Properties, Inc. v. Maryland Cas. Co., 750 A.2d 1281 (Md. 2000). I am not sure if I applies, but from what I understand, the seal must be mentioned in the body of the agreement. They sent a collection letter a few weeks ago (which I can't seem to find now), that referenced the "under seal" and twelve years to collect. I also spoke to a rep at the CU that said the same thing. I did have a car loan from them, as well as a savings account. But as far as I know, they were all independent items. Is there still time to file to defend? Can I get a continuance or something? Do you think their claim is valid? When I go to court what do I have to say (assuming I ask to dismiss based on expired SOL, anything else)? Can I counter-sue?
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