Maryland Statute of Limitations on Debt: Your Complete Guide

A creditor sued you for an old debt in Maryland. You might have a powerful defense at your fingertips.

Understanding Maryland’s statute of limitations on debt can help you fight back. Ignoring a debt collection lawsuit creates serious problems for you.

When you ignore a summons, the court rules against you automatically. The creditor wins by default, and you lose your chance to defend yourself.

Understanding Maryland’s Statute of Limitations on Debt

Maryland gives creditors three years to sue you for most debts. After three years pass, they cannot legally take you to court.

You must notify the court in your answer if the deadline expired. Provide proof that the statute of limitations ran out on your debt.

Maryland Debt Collection Time Limits

How to Calculate the Statute of Limitations in Maryland

Start counting from one of these two dates:

• The date of your last activity on the account
• The date when the creditor charged off the account

The statute of limitations doesn’t stop creditors from contacting you. They can still try collecting the debt through legal means outside court.

Creditors may call you to discuss payment plans or settlements. However, Maryland law protects you from abusive collection tactics.

What Debt Collectors Cannot Do in Maryland

Maryland law prohibits collectors from using these tactics:

• Calling before 8 a.m. or after 9 p.m.
• Contacting you at times they know are inconvenient
• Calling your workplace if your employer forbids it
• Continuing to call after you send written stop contact notice
• Pretending to be court officials or law enforcement
• Using obscene language or making repeated harassing calls
• Charging fees you don’t owe or disclosing your debt publicly
• Threatening you with prosecution for unpaid debt

Debt collectors who violate these rules break the law. You have rights that protect you from harassment and abuse.

What to Do When Sued for Debt in Maryland

Getting sued doesn’t mean you’ve lost. Maryland law gives you powerful protections and options.

Request Debt Validation

You have the right to verify the debt exists. The collector must prove you owe what they claim.

Collectors must send validation information during initial contact or within five days. The validation letter must include:

• The exact amount you supposedly owe
• The name of your original creditor
• How to find the original creditor’s information
• Instructions for disputing the debt

You can dispute the debt if the amount seems wrong. When you dispute, collectors must stop collection attempts until they verify everything.

If you’ve been sued, our partner Solo can help you respond correctly and on time.

How to Respond to a Maryland Writ of Summons

Maryland gives you several ways to respond to a debt collection lawsuit:

• File a Notice of Intention to Defend
• Submit a counterclaim against the collector
• Challenge improper service of the summons
• File a third-party claim

Never ignore the lawsuit. Ignoring guarantees you’ll lose by default judgment.

Filing Your Defense

File the Notice of Intention to Defend found at the bottom of your summons. In your defense, explain why you shouldn’t pay the claimed amount.

Collect evidence that supports your case. Gather receipts if you already paid the debt. Find witnesses who can support your defense.

Strong evidence makes your defense more effective. Documentation matters more than verbal claims in court.

Counterclaims and Improper Service

A counterclaim flips the lawsuit around. You tell the court the collector actually owes you money instead.

You can also challenge how the summons was served. If service was improper, request dismissal on those grounds.

Alternatively, raise the service issue at trial. The judge may postpone proceedings and order proper re-service.

Using Affirmative Defenses in Maryland

Affirmative defenses give you strong arguments against debt collectors. The expired statute of limitations is a powerful affirmative defense.

Other common affirmative defenses include:

• The debt isn’t yours (identity theft or error)
• You already paid the full amount
• The collector can’t prove you owe the debt
• The collector doesn’t own the debt anymore
• The amount claimed is incorrect

Each defense requires specific evidence. Prepare documentation before your court date arrives.

What Happens If You Ignore a Maryland Debt Lawsuit

Ignoring a lawsuit leads to a default judgment against you. The collector wins automatically without proving their case.

A default judgment gives collectors powerful tools:

• Wage garnishment from your paycheck
• Bank account levies and freezes
• Property liens on your home
• Damage to your credit report for years

You lose your chance to dispute the debt or use the statute of limitations defense. Default judgments are much harder to overturn later.

Responding protects your rights and your money. Even if you owe the debt, responding helps you negotiate better terms.

How to Negotiate With Debt Collectors in Maryland

You can often settle debt for less than the full amount. Collectors buy old debts for pennies on the dollar.

They’ll often accept 30-50% of the balance to close the account. Get any settlement agreement in writing before you pay.

Settlement Tips That Work

Start with a low offer, around 25% of the balance. Collectors expect negotiation and build room into their offers.

Never give collectors direct access to your bank account. Pay with a money order or cashier’s check instead.

Insist on a letter stating the settlement satisfies the debt completely. Without this, collectors might try collecting the remaining balance later.

Don’t discuss your finances or admit you owe the debt. These statements can reset the statute of limitations clock.

Maryland Debt Collection Laws You Should Know

Maryland follows federal debt collection rules plus additional state protections. The Fair Debt Collection Practices Act applies to all collectors.

Maryland’s Consumer Debt Collection Act provides extra protections. Collectors must be licensed in Maryland to pursue debts here.

Your Rights Under Maryland Law

You can sue collectors who violate Maryland debt collection laws. Successful lawsuits can win you damages and attorney fees.

Report violations to the Maryland Attorney General’s Consumer Protection Division. Also file complaints with the Consumer Financial Protection Bureau.

Documentation helps prove violations occurred. Save all letters, record call dates and times, and note what collectors said.

Getting Legal Help for Maryland Debt Lawsuits

Responding to a lawsuit feels overwhelming. You don’t have to face this alone.

Our partner Solo helps you create a proper legal response quickly. The process takes minutes instead of hours of research.

An attorney reviews your response before filing. Everything gets filed correctly with the court and sent to the collector.

You protect your rights without expensive attorney fees. The response puts you in a stronger position to negotiate or win.

Time-Barred Debt in Maryland

Time-barred debt means the statute of limitations expired. Collectors cannot sue you, but they can still contact you.

Never admit you owe time-barred debt. Don’t make any payments on it either.

Both actions can restart the statute of limitations clock. The three-year period begins counting again from your acknowledgment or payment.

How to Handle Time-Barred Debt Calls

Tell collectors the debt is time-barred. Inform them you will not make any payments.

Send a written letter demanding they stop contacting you. Collectors must honor this request under federal law.

If they sue anyway, raise the statute of limitations in your answer. The court should dismiss the case when you prove the deadline passed.

Protecting Your Credit During Debt Collection

Debt collection lawsuits damage your credit score. Default judgments hurt even more and stay visible for years.

Responding to lawsuits protects your credit. Negotiating a settlement lets you control how the account appears.

Request “pay for delete” agreements when settling. Collectors remove the negative item entirely instead of marking it paid.

Not all collectors agree to pay for delete. But asking costs nothing and could save your credit score.