Sued in Maryland? You may have only 15 days to answer

Which court hears debt cases in Maryland

How to answer in Maryland

How to answer

Fill out the Notice of Intention to Defend on the bottom half of the summons. Briefly say why you disagree with all or part of the claim. Cut it off at the perforated line, sign it, and return it to the court address at the top of the summons. Bring your evidence to trial; the trial date may change after you file.

Official answer form

Notice of Intention to Defend (part of the District Court complaint/summons form DC-CV-001)

If you can't pay the fees

Request for Waiver of Prepaid Costs (form CC-DC-089).

How you must be served

The plaintiff cannot hand you the papers itself. An adult who is not a party (a private process server, friend or relative) or the sheriff must deliver them to you in person, or send them by certified mail, restricted delivery, with a return receipt. If you were not served properly, you can ask the court to dismiss the case for improper service (form DC-002, Motion) before the trial date.

Law: Maryland Courts, Service of Process; What to Do if You Are Sued in District Court

Law: Md. Rule 3-307; Md. Rule 3-331 (counterclaim)

Defenses to know in Maryland

Defenses in Maryland law

Maryland's time limit to sue on a consumer debt is 3 years, and after it runs out, a payment or promise does not revive the debt. A debt buyer that does not have the required documents may not start the lawsuit at all. Being served improperly, being sued in the wrong county, or being sued for more than $30,000 in District Court are procedural defenses (Maryland Courts).

Law: Cts. & Jud. Proc. §§ 5-101, 5-1202; § 5-1203(a)

Debt buyer lawsuits

A debt buyer (or a collector working for one) may not even file a consumer debt lawsuit unless it has all of these documents, and it cannot win at trial (unless the case ends in a judgment on affidavit) without putting them into evidence: proof the debt exists (a document you signed, or bills or records showing your use of the card or account); the original terms and conditions (with a narrow exception for some bank credit cards); a list of every prior owner with transfer dates and authenticated bills of sale that specifically mention your debt; the original creditor's name, your name, the last 4 digits of the account number; charge-off date and balance, an itemization of added fees and of payments since charge-off, and the date of your last payment; and its Maryland collection agency license numbers. Debt buyer lawsuits in Maryland: the full rules

Time limit to sue (written contract)

3 years · More on old debts at Debt Collector Map

Mediation and settlement in Maryland

District Court mediation is free. A trained mediator helps you and the plaintiff try to settle; if you do not agree, you still have your trial. Prince George's County also holds resolution conferences (Maryland District Court ADR).

If there is a judgment in Maryland

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

10% a year on the judgment amount (6% for residential rent judgments). Exception: a judgment on a loan of money carries the loan's contract rate on the unpaid principal until the loan's original maturity date (not for mortgage loans).

How long it lasts

12 years. The creditor can renew it for another 12 years.

Law: Md. Code, Cts. & Jud. Proc. § 11-107(a)-(b); § 11-106; § 5-102(a)(3); Maryland Courts, Judgments and Debt Collection

Good to know in Maryland

• A debt buyer may not even file a Maryland consumer debt lawsuit unless it already has the full chain of ownership and account documents (Cts. & Jud. Proc. § 5-1203(a)).
• $500 in a bank account is protected automatically, and you can choose to protect up to $6,000 more broadly if you act within 30 days (Cts. & Jud. Proc. § 11-504(b)(5)-(6)).
• If you return the debtor information sheet within 30 days after judgment, you generally will not have to answer interrogatories or appear for an oral exam for a year (Maryland Courts).

Federal rules in every state

• Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
• Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
• Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
• Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
• Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in Maryland

More help on our sister sites

• Maryland debt collector rules and the statute of limitations (Debt Collector Map)
• Maryland small claims court (Small Claims Map)

Sources

Other states