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-   -   Maryland - Judgement Filed Against Me - Might I have a case? (https://www.askmehelpdesk.com/showthread.php?t=231498)

  • Jun 27, 2008, 04:16 PM
    sunnyvaleproud
    Maryland - Judgement Filed Against Me - Might I have a case?
    I received a call from a relative that said that an officer came to the house asking for me. They were from the District Court of Maryland and did not express what their interest was in me. I looked on the Maryland Case Search to find my name with a Creditor who has filed for a judgement against me.

    I have not yet been served any paperwork. The relative offered the officer my phone number, but did not know what county or city I resided in. I have yet to hear from anyone via phone. The phone number offered was my cell phone.

    I currently live outside the state of Maryland, and have not lived in Maryland for six years. The address on the debt is my old home address where I lived with said relative. However, I have not technically lived there for two-three years, the remaining years were a result of me living in College out of state.

    The credit card account, which is what the debt is for, was opened in 2004 before I moved to London for six months. I also have other credit card debts which have not been satisfied. However, there was an agreement between my father and I that he would pay whatever debt I accrued from my living in London and during my matriculation in college. I lived in London during the last semester of my junior year and would have graduated the following year.

    When I returned from London in May 2005, a month later my father died. His estate was settled and all debts were satisfied. As a result of our agreement, my father had the capacity from his income to satisfy the debt. I did not produce the income to be able to do so. I am wondering if our agreement would hold as a contract in court and what kind of defense it would make? What does everyone think about this?

    I have a few questions.

    1. Does the District Court of Maryland possess personal jurisdiction over myself, since I live out of state.

    2. If the filing might actually violate Maryland's statute of limitations for civil action, since the account began in late 2004.

    3. Since I have no personal property that satisfies the criteria stated in Maryland Annotated Code and since I have no real property. I have no vehicles or real estate in my name. I am currently working. Are there any additional exemptions that I might be subject to, especially in terms of wage garnishments?

    4. Which defense may the best defense? Or whether I should attempt to settle the debt outside of court, invoking the fact that there will be relatively little success on behalf of the plaintiff since I do not own or have cash that is more than $6,000 in an account.

    5. Whether my wages would be considered under the $6,000 cash exemption?

    Thank you for any and all of your help.

    SunnyVale Proud
  • Jun 27, 2008, 04:26 PM
    Fr_Chuck
    If they do not find you and do not contact them, what will happen is they will end up posting it in the news that you could not be located and they will get a default judgement because you are not there to defend yourself.

    If you contact them they will have to refile in your current state against you.

    If they get the judgement in the other state they can get it confirmed in your state.

    Then the state rules for garishment will be the ones still used since that is where you are living, Depending on if the state you live allows a garnishment of your income, and what percent is allowed will often make the differnece as to how they will settle.
  • Jun 28, 2008, 06:05 AM
    TheCleaner
    They had filed in the wrong court you should contact them certified mail and tell them to refile in your county, also send a letter to the court in Maryland explaining the situation, there is no way to have you served using public announcement if you can prove that they have your actual address because you gave it to them, if they serve you check The statute of limitations in Maryland and the state you are living at now
    If it is expired file your response with the court and have the suit dismissed.

    Carl.-

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