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How to Answer a Summons for Debt Collection in Maryland (2024 Guide)

Hannah Locklear | June 18, 2024

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by George Simons, JD/MBA

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: You have 15-30 days to respond to a Writ of Summons for debt collection in Maryland. You should respond by filing an Answer (also known as a Notice of Intent to Defend). SoloSuit can help you draft and file your Answer in just 15 minutes.

If you were served with a Writ of Summons for debt collection in Maryland, you may be feeling scared and anxious about the future. SoloSuit is here to help.

Below, you will find helpful information and advice on what is needed to answer a summons for debt collection in Maryland. This list includes information specific to debt collection lawsuits in Maryland, such as deadlines and forms specific to the state.


Maryland deadline for answering a debt collection Writ of Summons

When you get sued for a debt in Maryland, you receive a Writ of Summons and Complaint in the mail. The Summons document notifies you of the lawsuit, while the Complaint lists the claims that are being made against you. Most debt collection lawsuits are under the jurisdiction of the Maryland district courts.

There is a section on the Writ of Summons called the Notice of Intention to Defend. If you plan to fight back against the case, you must sign and file the Notice of Intention to Defend before the deadline.

In Maryland, the deadline to respond to a Writ of Summons and Complaint is 15 days. However, there are some exceptions to this rule, which are listed in Maryland Rules of Civil Procedure for the District Court, Rule 3-307:

“(a) To Be Filed With Court--When Service Not Required. The defendant, including a counter-defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense. When the defendant is represented by an attorney, the notice shall be served in accordance with Rule 1-321. A defendant not represented by an attorney need not serve the notice on any party.

(b) Time for Filing. (1)Generally. Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim.

(2)Exceptions. A defendant shall file the notice within 60 days after being served if the defendant is:

(A) served outside of the State;

(B) a person who is required by statute of this State to have a resident agent and who is served by service upon the State Department of Assessments and Taxation, the Insurance Commissioner, or some other agency of the State authorized by statute to receive process; or

(C) the United States or an officer or agency of the United States served pursuant to Rule 3-124(m) or (n).”

If you want to respond to the debt collection Summons by filing a counterclaim, cross-claim, or third party claim, make sure to file your document within 10 days of the deadline for filing the Notice of Intention to Defend.

The deadline in Maryland circuit court is different

If your case is filed in the Maryland Circuit Court, you have 30 days to respond to a Summons and Complaint, as outlined in Rule 2-321(a) of the Maryland Circuit Court Rules of Civil Procedure, which states:

General Rule. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third-party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule.”

Like the district court, there are some exceptions to this rule at the circuit court level. You can check the exceptions listed in Rule 2-321(b).

Respond to a Summons in Maryland.

Sued for debt in Maryland? SoloSuit can help you file an Answer into your case before the 15-day deadline.

Start my Answer.

Maryland Answer to Summons Forms

Maryland tries to make it relatively easy for a defendant to answer a summons. This is why the Writ of Summons document includes a Notice of Intention to Defend that you can fill out and send back as your response.

That being said, the Notice of Intent to Defend doesn't have a lot of room for you to explain your side of the case. SoloSuit's Answer form, which fills the same function of a Notice of Intent to Defend, gives you room to respond to all the claims and defend yourself.

Maryland does not charge a fee to file an Answer

Good news: there is no fee to file an Answer or Notice of Intent to Defend in Maryland. The only out-of-pocket expense you might have to pay would be the cost of a stamp when mailing.

However, if you decide to file a counterclaim, cross-claim, or third party claim, the filing fee is $18.

What debt collectors can't do in Maryland

In order to respond effectively to a debt collection case in Maryland, you should have a general understanding of the laws and regulations governing this type of civil action.

In Maryland, the law governing debt collection cases is Commercial Law §§ 14-201 through 14-204 of the Annotated Code of Maryland. These statutory provisions contain a variety of limitations on what debt collection companies can do, and how they can attempt to collect on an alleged outstanding stand. According to this law, debt collectors

  • Can't use or threaten to use force or violence to collect an alleged outstanding debt;
  • Can't threaten criminal prosecution;
  • Can't disclose or threaten to disclose information that will negatively impact your reputation;
  • Can't contact your employer;
  • Can't attempt to contact you during "unusual hours" (extremely early in the morning, late at night, etc.); and
  • Can't use obscene or grossly abusive language while communicating with you.

If debt collectors have used any of these methods to get you to pay off a debt, you can add it as an affirmative defense in your Answer document. You can also consider filing a counterclaim, because you may be entitled to compensation.

Follow these steps to respond to a debt collection lawsuit in Maryland

The best way to respond to a debt collection case in Maryland is to file a Notice of Intention to Defend, which is located on the bottom portion of the Writ of Summons. However, the Notice of Intent to Defend only allows you to include so much information. This is why it is better, in most cases, to file an Answer (which doubles as a Notice of Intention to Defend).

Follow these three steps to prepare your Answer to a debt collection lawsuit in Maryland:

  1. Respond to each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. File the Answer in court, and send a copy to the opposing attorney.

Now, let's break down each of these steps a little further. Don't like reading? Check out this video instead:

1. Answer each claim listed in the Complaint

Your Answer document should focus primarily on responding to the specific claims, or allegations, listed in the Complaint document that you received. In response to each allegation, you can admit, deny, or deny due to lack of knowledge. Let's explain.

  • When you admit a claim, it's like saying “This is true.” When you admit a claim, there is no contest. Admitting all the claims in your Answer would probably lead to a judgment against you.
  • When you deny a claim, it's like saying “Prove it.” Keep in mind that this isn't the same as saying “This is not true.” Denying a claim is simply refusing to admit it as truth before a court of law.
  • When you deny a claim due to lack of knowledge, it's like saying “I don't know.” This is a perfectly fine response to use if you aren't sure about the allegations being made against you.

Most attorneys recommend denying as many claims as possible, because this will force the plaintiff to do more work to prove their side of the case. If they don't have the proper documentation for proof, their case won't stand.

Draft an Answer to your debt lawsuit in 15 minutes with SoloSuit.

2. Assert your affirmative defenses

If you decide to contest the debt collection lawsuit, invest the time in researching affirmative defenses. You may be wondering, “what is an affirmative defense?” Well, it is essentially an argument you make before the court, or in a motion, that the debt collection company suing you does not have a viable case. Here are some examples of affirmative defenses:

  • The account alleged to be delinquent is not your account.
  • The contract was already canceled. Therefore you don't owe the creditor anything.
  • The debt collector's lawsuit was filed outside the statute of limitations (more on this below). It is extremely important to affirmatively raise the statute of limitations since the court will not know the statute of limitations expired. The responsibility is on you to advocate for yourself and assert these affirmative defenses. It is possible to show the court that the statute of limitations expired by introducing a copy of the debt on your credit report as evidence.

These are a few of the many affirmative defenses. However, it is important to note that simply being unable to pay back your debt is not typically a viable legal defense.

In Maryland, a Writ of Summons needs to be properly served in accordance with state law. In some instances, a debt collection lawsuit is not properly served or was improperly served. If you find yourself in this situation, you can raise this issue with the court to challenge the lawsuit. You can file a pretrial request that the case be dismissed for improper service or raise improper service during trial.

SoloSuit can help you assert your affirmative defenses in the right way.

3. File the Answer in court, and send a copy to the opposing attorney.

After you've drafted your Answer, you should file it within the Maryland's state deadline (15 days for district court cases, and 30 days for circuit court cases). Maryland's court e-filing system making filing your Answer easy in some counties. It is not a statewide service, so you might have to mail your Answer for filing or drop it off in person.

SoloSuit knows all the steps to court filing in Maryland, so you can save the stress of doing it yourself.

After filing your Answer, make a copy and send it to the opposing attorney via USPS certified mail. The attorney's address should be listed on the Writ of Summons document and the Complaint.

Check the status of your court case in Maryland

It’s vital to stay on top of your court case, especially if you’re being sued over unpaid debt. Here’s how to check the status of your court case in Maryland.

Understand the Maryland court system

First, you’ll need to understand the hierarchy of the Maryland court system. From lowest to highest level, the Judicial Branch of Maryland consists of the following:

  • District Court
  • Circuit Court
  • Court of Special Appeals
  • Court of Appeals

Most debt collection cases are handled at the district court level, which is usually reserved for civil cases and small claims.

Check your court case online

You can check your records using the Maryland Judiciary Case Search. Follow the prompts and use the online database to view records for district or circuit court cases. Searching by case number is the most efficient way to find court records, but you can also locate cases by case type or the names of the parties involved.

Check your court case in person

You can also request documents directly from the courthouse that’s handling your case. You’ll need to provide a case number. If you’re not sure of your case number, simply provide your information to the court clerk. You may have to pay a fee to print paper copies of your records.

Not sure which courthouse is handling your case? Just search online to find the location of your courthouse.

Settle with SoloSettle

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Settle debt in Maryland

A debt settlement allows you to eliminate debt once and for all — and for less than you currently owe. Follow these steps to settle debt in Maryland.

File an Answer to a debt collection lawsuit

Before you settle debt, make sure you address any legal actions taken against you. Debt collectors can sue you for unpaid debt, and if you don’t fight back, you can lose the case to a default judgment.

File an Answer with the court to indicate that you intend to fight the lawsuit. SoloSuit lets you file an Answer quickly so you meet your deadline and avoid a judgment against you.

Negotiate a lower settlement amount

How do you negotiate with a debt collector or creditor? Start by agreeing to pay 60% of the original debt. They may reject this offer, but this will open the floor to negotiations until you each reach an agreed-upon settlement.

SoloSettle makes the process faster and easier by serving as the middleman between you and a debt collector. Users who negotiate with SoloSettle can reduce their debt without having to deal directly with debt collectors.

Start negotiating today to settle debt for less!

Get your settlement in writing

Get your debt settlement agreement in writing before you pay a dime. Otherwise, a dishonest debt collector may still seek a default judgment against you.

Watch the video below for to learn more about debt settlement, with tips from an attorney on how to negotiate:

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Statute of limitations on debt in Maryland

There are specific time limits, set forth by Maryland laws, that govern the validity of a debt collection lawsuit. Basically, if a debt collection lawsuit is filed after the specific time limit expires, that lawsuit will likely be barred from moving forward. These laws are known as statute of limitations.

In fact, Maryland Statutes §5–101 states:

“ A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.”

This means that, in Maryland, the statute of limitations for a debt collection lawsuit is three years. In other words, debt collectors are required to initiate their case within three years of the time that the last activity was made on an account. This applies to both alleged debts based on a written contract and "open accounts" (credit cards).

If a debt collector is attempting to collect an alleged amount owed on a credit card, it means the date of the last activity (the date of last payment) on the account or the date the account was written off as a bad debt was at least three years ago.

As a result, if your account is older than three years, it is possible to assert the statute of limitations as an affirmative defense and get the case dismissed entirely.

The table below further outlines the MD statute of limitations on debt:

Statute of Limitations on Debt in Maryland

Debt Type Deadline
Credit Card 3 years
Medical 3 years
Student Loan 3 years
Auto Loan 3 years
Mortgage 3 years
Personal Loan 3 years
Judgment 12 years
Source: Md. Code, Cts. & Jud. Proc. § 5-101 and § 5-102

Learn more about how the statute of limitations can be used in a debt collection lawsuit here.

Debt collection laws in Maryland

Maryland's statute of limitations on debt isn't the only law that protects you from unfair debt collection practices there.

State and federal laws protect you from dishonest or aggressive debt collection practices. Here are some of the most important debt collection laws in Maryland.

You are protected by the Maryland Consumer Debt Collection Act

According to the Maryland Consumer Debt Collection Act (MCDCA), both debt collectors and creditors are prohibited from tactics such as:

  • Calling you at unreasonable hours
  • Using threats or intimidating language to coerce you to pay a debt
  • Threatening criminal prosecution for not paying a debt
  • Using profane or abusive language when communicating with you
  • Threatening to release information that would damage your creditworthiness

Under §14-203 of the MCDCA, you have the right to sue debt collectors who have violated any of the above terms.

You are protected by the Consumer Protection Division

Debt collectors are also investigated by Maryland’s Consumer Protection Division. This agency responds to consumer complaints and may take action against debt collectors who have violated consumers’ rights.

You are protected by the Fair Debt Collection Practices Act (FDCPA)

Maryland state laws only supplement the provisions of the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from the following actions:

  • Calling multiple times per day
  • Failing to identify themselves as a debt collector
  • Calling prior to 8 a.m. or after 9 p.m.
  • Threatening you with arrest for not paying your debt
  • Contacting your friends, coworkers, or family and telling them about your debt

Just be aware that unlike the MCDCA, the FDCPA only applies to debt collectors — not your original creditors.

If you believe your rights under the FDCPA have been violated, document the incident and then report the debt collector to either the Federal Trade Commission or the Consumer Financial Protection Bureau.

Debt collectors must adhere to Maryland law

Maryland law further restricts debt collectors, requiring that they:

  • Provide you with written notice within five days of initial contact.
  • Be licensed with the Maryland State Collection Agency Licensing Board.
  • Renew this license annually.

A written notice will also give you the opportunity to respond to the debt and verify that it is valid before moving forward.

If you need assistance defending yourself from a debt collection lawsuit, there are organizations in Maryland who are ready and able to provide assistance. For example, Maryland Legal Aid is the largest provider of free, direct legal services in the State of Maryland and has 12 office locations in Baltimore City and in Maryland's 23 counties.

In addition to Maryland Legal Aid, there is also the Debtor Assistance Project, which is a collaborative legal clinic featuring an innovative partnership between the U.S. Bankruptcy Court for the District of Maryland and members of the legal community in Maryland.

The Debtor Assistance Project provides people with the opportunity to meet with a volunteer bankruptcy attorney for a free half-hour case review. If you would like to schedule an appointment with a volunteer attorney through the Debtor Assistant Project, you need to schedule an appointment by phone. You can also meet with a volunteer attorney in person at the following locations:

Baltimore Federal Courthouse
101 W. Lombard Street, 1st Floor
Baltimore, MD 21201

Easton-Office of MidShore Pro Bono
8 S. West Street
Easton, MD 21601

Greenbelt Federal Courthouse
6500 Cherrywood Lane, 1st Floor
Greenbelt, MD 20770

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Get debt relief in Maryland

Debt can only present an added burden to Maryland’s high cost of living. If you’re struggling with debt, consider taking advantage of Maryland debt relief solutions. Here are a few options.

Create a debt management plan

A debt management plan is a self-directed way to manage debt. You’ll create a detailed household budget, tightening unnecessary expenses so you can allocate more money to debt payments.

For added support, you can contact a credit counseling service in Maryland. These services can help you plan your budget and may even work with you and your creditors to negotiate better terms or work out a payment plan.

Consolidate debt with a loan or balance transfer card

A debt consolidation loan will replace multiple debts with a single payment, ideally with a lower interest rate and a more favorable loan term. But be aware that the best rates and terms go to those with strong credit scores.

A balance transfer card is a credit card that you can use to pay off your existing debt. Many credit card issuers offer promotional rates that allow you to get a low-to-no interest rate for an introductory period (usually a year).

If you can pay your balance in this period, you can clear your debt while paying less in interest. But some providers will penalize you for missed payments, so make sure you can afford the monthly payment.

Settle your debt for less

Many creditors would prefer to accept a lower debt payment if it means avoiding a protracted legal battle. Offer to pay 60% of your original debt. Your creditor may reject this amount but may negotiate with you to find a mutually agreeable solution.

Take advantage of a Maryland financial relief programs

As a Maryland resident, you have access to financial programs that can assist with your household budget. These programs include:

These programs will not pay off your debt, but they can offer help when you’re in difficult financial straits.

Declare bankruptcy

As a last resort, you can declare bankruptcy. This will clear many forms of debt (though it cannot clear student loans, child support and alimony arrears, or some back taxes), giving you a blank slate.

However, the reason that bankruptcy is a last resort is that a filing will remain on your credit report for up to 10 years. And in Chapter 7 bankruptcy, your assets can be liquidated to repay your debt.

Stop wage garnishment in Maryland

Should you lose a debt collection lawsuit, the court can grant your creditor the right to garnish your wages until the debt is repaid. But you are protected by wage garnishment laws in Maryland, including the following.

Wage garnishment is limited to certain amounts

According to Maryland Commercial Law, §15-601.1, creditors can only withhold the lesser of these two amounts:

  • 25% of your disposable earnings
  • The amount of your disposable earnings exceeding 30 times the state minimum wage ($15.00 per hour)

For clarity, “disposable earnings” are the portion of your paycheck remaining after deducting mandatory withholdings, such as federal and state taxes. Other withholdings, such as 401(k) contributions and insurance premiums, do not apply.

Certain income sources are protected from wage garnishment

Creditors are restricted from garnishing the following sources of income:

  • Veterans’ benefits
  • Social Security disability benefits
  • Social Security retirement benefits
  • Other retirement income, such as 401(k)s, IRAs, and pensions
  • State public assistance benefits, such as SNAP and TCA
  • Child support
  • Alimony
  • Unemployment insurance
  • Workers’ compensation benefits

You can file a Motion for Release of Property from Levy/Garnishment if you receive any of these sources of income.

Avoid wage garnishment by responding to a lawsuit

Many people lose their court cases by default. That’s because they neglect to respond to lawsuits.

If you are served with a Summons, filing an Answer quickly can prevent you from losing your case by default. It could also give you a chance to settle your debt before you face wage garnishment.

Draft your Answer today and avoid losing to a default judgment!

Maryland court locations

Even though you can file your Answer online or send it to the courthouse in the mail, you might prefer to drop it off at the courthouse in person. Use this Maryland court directory to visit your court's website, find your courthouse address, and contact your court's clerk. Just click on your county on the left of the screen, and several options will appear that will help you locate your court.

Need help responding to your debt lawsuit in Maryland? Find your local court below to start the process:

Maryland courts by case type

In Maryland, debt collection lawsuits can be litigated in one of two types of courts:

  1. General District Court
  2. Circuit Court

General District Courts possess exclusive jurisdiction over any civil claim seeking $5,000 or less. The General District Courts and Circuit Courts share jurisdiction over civil claims where the amount at issue is between $5,001 and $30,000. If the lawsuit is seeking an amount above $30,000, then it must be filed in a Circuit Court.

Key Takeaways

So, in summary, here is an overview on how to respond to a Writ of Summons for debt collection in Maryland.

  • You have 15 days to file your Answer (also known as Notice of Intent to Defend) in the district court (60 days if you do not reside in Maryland).
  • You have 30 days to file your Answer in the circuit courts.
  • You can use SoloSuit's Answer form to prepare and send your response to the debt lawsuit in Maryland.
  • There is no fee to file an Answer in Maryland courts.
  • Your Answer document should focus on responding to each allegation listed in the Complaint and asserting your affirmative defenses.
  • File your Answer with the court before the deadline, and send a copy of it to the opposing attorney. SoloSuit can file for you.

Best of Luck!

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

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Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

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Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

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