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In February 2001, I signed a contract with a funeral home in Maryland for my father's burial. There was no money in his estate to pay the bill, so I started paying the bill monthly. I was living in California when I had signed the contract, but I have been living in Georgia for the past five years. Due to unemployment, I have not paid on this bill since February 2009. Has the statute of limitations run out on this bill? Is it still collectable?
HelloCustomerThe Maryland statutes of limitations would apply since the contract was entered into in Maryland. In Maryland, there is a 3 year statute of limitations to collect a debt which begins to run from the time the debt is incurred. However, the 3 year period can begin to run anew if the creditor can document that a debtor has reaffirmed the debt by a good faith basis by a written agreement, orally, or by payment. So, in your situation, it is most likely that the creditor would be able to claim that the 3 year statute of limitations did not begin to run until your last payment in February 2009.Thomas
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Eighteen years experience as New York, New Jersey lawyer, and publisher of online legal newspaper