Maryland small claims service of summons

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Latest post 06-11-2009 11:11 PM by gemini47. 1 replies.
  • 06-11-2009 10:42 PM

    • fishguy
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    • Joined on 06-12-2009
    • MD
    • Posts 1

    Maryland small claims service of summons

    I have been served a summons to appear as defendant in District Court of MD by a collection agency. The debt is old, and to the best of my understanding, the court date is set 6 days before the statute of limitations is to expire.

    According to District Court website, a defendant can claim improper service of summons in a pre trial request to dismiss due to improper service. In this scenario, the trial is postponed and the defendant must be served again.

    My question, can I get in trouble for filing this motion simply in order to get the trial rescheduled to a later date after the SOL expires in order to use SOL as a defense?

    Thanks.

  • 06-11-2009 11:11 PM In reply to

    Re: Maryland small claims service of summons

    The creditor only had to file the suit before the statute expired.  They weren't require to serve you nor have the hearing/trial before the statute expired.  Further, should the court buy your delaying tactic, the statute would be tolled for the period between the filing of the complaint and the date of the hearing so ultimately, you've accomplished nothing. 

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