Hannah Locklear | June 18, 2024
Fact-checked by 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.
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.
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).
Sued for debt in Maryland? SoloSuit can help you file an Answer into your case before the 15-day deadline.
Start my Answer.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.
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.
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
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.
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:
Now, let's break down each of these steps a little further. Don't like reading? Check out this video instead:
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.
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.
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:
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.
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.
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.
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:
Most debt collection cases are handled at the district court level, which is usually reserved for civil cases and small claims.
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.
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.
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.
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.
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 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 NPR story on SoloSuit. (We can help you in all 50 states.)
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:
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.
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.
According to the Maryland Consumer Debt Collection Act (MCDCA), both debt collectors and creditors are prohibited from tactics such as:
Under §14-203 of the MCDCA, you have the right to sue debt collectors who have violated any of the above terms.
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.
Maryland state laws only supplement the provisions of the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from the following actions:
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.
Maryland law further restricts debt collectors, requiring that they:
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
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
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.
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.
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.
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.
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.
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.
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.
According to Maryland Commercial Law, §15-601.1, creditors can only withhold the lesser of these two amounts:
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.
Creditors are restricted from garnishing the following sources of income:
You can file a Motion for Release of Property from Levy/Garnishment if you receive any of these sources of income.
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!
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:
In Maryland, debt collection lawsuits can be litigated in one of two types of courts:
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.
So, in summary, here is an overview on how to respond to a Writ of Summons for debt collection in Maryland.
Best of Luck!
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