New Maryland law protects debtors from re-affirming a debt and re-starting the 3-year statute of limitations

by | Aug 15, 2017 | Firm News, General Info | 0 comments

In Maryland, a creditor had 3-years to sue a debtor to collect payment.  However, the 3-year statute of limitations would restart if the debtor made a payment to the creditor.  Not surprisingly, creditors often would ask debtors to make a small payment so as to trick the debtor into reaffirming the debt and restarting the 3-year statute of limitations.

In 2016, Maryland enacted a new statute to protect debtors in this situation.  Maryland Courts & Judicial Article section 5-1202(a) prohibits a creditor from initiating a consumer debt collection action after the applicable statute of limitations has expired.  Section 5-1202(b) provides that any payment made by the debtor after the statute of limitations has expired does not revive or extend the limitations period.

 

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