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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34861
Experience:  Attorney,16 years experience in consumer protection areas
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I had a judgment issued against me over 12 years ago in MD.

Customer Question

Good Morning,
I had a judgment issued against me over 12 years ago in MD. But, I have lived in NY now for the last 9 years. I made a monthly payment agreement with the debt collector (law firm) that I still pay to this day. Not really helping at all because of interest obviously.
Good news is the judgment has been off of my credit reports for some time now. However, I just received a letter from a new law firm collection agency that has now acquired my debt.
My question(s) are:
1) can this new law firm collector re-issue a judgment?
2) has the statute of limitations lapsed on the debt?
3) how do I proceed with this new collector?
4) can I get out of this totally?
Please help... Thank you........
My question
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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1) can this new law firm collector re-issue a judgment?

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If the debt has been sold or assigned to a new holder, then under MD Rule 3-625 the creditor can file a motion to have the judgment renewed. But they have to do so before the judgment goes over that 12 year mark.

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A money judgment expires 12 years from the date of entry or most recent renewal. At any time before expiration of the judgment, the judgment holder may file a notice of renewal and the clerk shall enter the judgment renewed. Upon request of the judgment holder, the clerk shall transmit a copy of the notice of renewal to each clerk to whom a certified copy of the judgment was transmitted pursuant to Rules 3-621(c)(1) and 3-622 and to each circuit court clerk to whom a Notice of Lien was transmitted pursuant to Rule 3-621, and the receiving clerk shall enter the judgment or Notice of Lien renewed.

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2) has the statute of limitations lapsed on the debt?

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Not if they renew the judgment prior to it expiring..

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3) how do I proceed with this new collector? 4) can I get out of this totally?

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I would suggest that you dispute the validity of the debt in writing by locating the original judgment and seeing if it is over 12 years old. If it is, you can send a certified letter to the new creditor citing the MD rule above and informing them that they are violating the Fair Debt Collection Practices Act by attempting to collect on a debt that is beyond the statute of limitations for collection and if they contact you again about it, you will file suit for the maximum allowed by the Federal Trade Commission of $1,000 per contact.

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thanks

Barrister

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