Re: MD SOL for contract under seal - More Info

Posted by WA can kissit!!! (65.248.165.108) on June 10, 2004 at 13:40:47:

In Reply to: Re: MD SOL for contract under seal - More Info posted by Why Chat on June 09, 2004 at 22:00:29:

I am currently in a lawsuit with W&A on behalf of Midland in Anne Arundel County, Maryland. They served me with a summons for a court date for July 3rd. I filed my notice of Intent to Defend on the 14th day. Since I was defending, they automatically move the court date. My court date is now Dec. 9th.

Anyway, even though you have passed the time, I believe you can still file your notice, since it is before the court date. Do it today - call the court clerk's office. They are a great source, MD has excellent court services. Ask them what you need to do.

I would file the Notice of Intent to Defend, on the grounds that the Statute of Limitations has passed. Then, the next day, send a letter to the Clerk of the Court, asking to have the judge review the case and ask for a Motion to Dismiss, on the grounds of the SOL passing. In your notice of Intent to Defend, detail everything, including the fact that no where in the papers they presented for the case states a "seal" and that you never agreed to such agreement.

What will happen is you preserve your rigth to defend, and then ask for the judge to review the case ahead of time. DO NOT send the N.I.D. and the letter for dismissal together!!! I did that, and they just included the letter with the NID. When I called the courthouse to see what happens, they said it was just lumped in the file and would not get viewed until the day of the trial. So I resent the letter. Make sure you send BOTH the NID and the Motion letter via certified mail.
One of two things will happen - the judge will dismiss it or let the case go on. Oh, btw, make SURE you send a copy of your letter to dismiss to the creditor suing you - the law requires you to do so. They will get a copy and see your dispute. They will also see if you file to defend. But do it soon - they may ask for summary judgment when they see no intent to defend.

THEN if you've been allowed to file the NID adn they move the court date, I'd file a complaint with the Attorney General's Office. www.md.gov
They are violating federal collections laws.

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