Intellectual – Knowledgeable – Resourceful

John L. Friedman is Your Trusted Maryland Collections Lawyer in Baltimore, Maryland

CREDITORS EXPECT TO GET PAID. BUT, HOW THEY GO ABOUT COLLECTING THAT DEBT IS GOVERNED BY FEDERAL AND STATE LAW.

There are both federal and state restrictions on debt collectors. The federal law is called The Fair Debt Collection Practices Act. It places restrictions on how debt collector and/or attorneys can contact a debtor to collect debt. They may not call you before 8 a.m. or after 9 p.m. unless you have authorized it in advance. They may not contact you at work if they know that your employer does not want you to take personal calls at work. And a number of other restrictions. Contact us today to learn more.

The Maryland Annotated Code for Commercial Law contains the law governing debt collection in Maryland . It contains restrictions including, prohibiting: threats of criminal prosecution, unless the debtor has violated a criminal statute; contacting the debtors employer; communicating with the debtor or a related person with undo frequency, at unusual hours, or in any other unreasonable manner that might be considered abuse or harassment; use obscene or abusive language.

After a judgment has been entered against a debtor, the creditor has the legal right to garnish wages and/or bank accounts or attach any other asset to collect the debt. Creditors may not garnish more than 25% of the debtors wages per pay period, there are no limitations on how much a creditor may get from assets like a bank account. There are certain asset exemptions. These exemptions from garnishment can be found in The Maryland Annotated Code, Courts and Judicial Proceedings 11-504.

There are time limits governing how long a creditor has to sue for a debt. These laws are called statute of limitations. In Maryland, the statute of limitations requires that a law suit be filed within 3 years. For credit card debt it starts with the date of the last activity on the account or the date the account was written off. The statute of limitations only covers suing in court. It does not restrict reporting the debt to credit reporting agencies or contacting you to collect the debt. Once a judgment is entered against you, the creditor has 12 years to collect it.

If you are sued after the statute of limitations has expired, the court will not know it is expired, unless you raise the defense that it has.

It is critical that you contact a collections attorney to address the complaint and bring this to the courts attention.

At the Law Offices of John L. Friedman, we are committed to protecting your freedom, your record and your rights. Attorney John L. Friedman has vast legal experience in the fields of criminal law, personal injury and family law matters. If you are in need of serious legal representation you need an experienced attorney to help you get through this difficult time in you life. John L. Friedman works hard to get his clients the best possible outcome for their situation. This is true no matter what the case may be.