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Statute of Limitations

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bdupree

Junior Member
The name of my state is Maryland. My husband is being sued for writing a bad check in 2001 (he didn't write a bad check, he put a stop payment after finding out that the services that was provided were bad). I believe that he can file for a motion to dismiss on the basis of the statute of limitations but I am not sure where to find the actual wording for that law. Where can I that information?
 


djohnson

Senior Member
Is this a civil suit? Writing a bad check is a criminal offense, a warant could have been filed also. His reason for putting a stop payment isn't sufficient. He should have handled it a different way at that time. Depending on what has been filed and what has already happened you may still owe.
 

bdupree

Junior Member
djohnson said:
Is this a civil suit? Writing a bad check is a criminal offense, a warant could have been filed also. His reason for putting a stop payment isn't sufficient. He should have handled it a different way at that time. Depending on what has been filed and what has already happened you may still owe.
The suit is a civil suit and he was already sued in court in 2003 in reference to this same matter and my husband won the case. His lawyer told him that they will probably come after him again, though. If he wins this case then they can't sue him again. I am assuming that he had a pretty good case if he won that case. Now they has added all kinds of interest for him to pay back. I don't think he should have to pay the interest back. He proved in court with the last judge that the check wasn't bad. He had the money in the account.
 

djohnson

Senior Member
It's not proving in court that the funds were in an account. Not being happy with the service isn't a reason to put a stop payment on a check. When he made an oral contract for whatever it was, he was in a contract and if not happy should have fought that way. Stopping the check wasn't the right thing to do. If it has already been to court why is it going again? Are they sueing on different grounds or what? What was the reasoning behind winning?
 

bdupree

Junior Member
I am not really sure what the reasoning was behind his winning but the case got thrown out of court by the judge.
 

djohnson

Senior Member
If it was thrown out he didn't win, just got a repreve for a time. You may want to have him use the SOL factor, it may or may not work. It probably means that the plantiff has gotten things together and more proof.
 

bdupree

Junior Member
what about the interest that he was charged should he have to pay that also. I don't think that is something that he should have to pay because the plaintiff disn't have his S*** together 2 years ago. And my original question is where can I find the information for the Statute of Limitations for the state of Maryland. You still haven't answered that. If would be very helpful. Even if my husband was at fault. The pliantiff had three years to get his S*** straight and he has passed that.
 

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