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  #1  
Old 02-08-2006, 11:44 AM
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Bank account garnishment


Quick synopsis:

Old debt (passed statute of limitations MARYLAND) taken to court and I lost the judgement.
My checking account has been put on hold until I deposit the amount dictated in the settlement.

Even if I lost the court case, can I counter sue b/c the debt had passed/violated the statute of limitations in my state (MARYLAND).

Do I still have to pay the settlement?

Also, the lawyer handling the collection and the bank for that matter seem to be playing a lot of phone games.

Thanks for your help
  #2  
Old 02-08-2006, 11:55 AM
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Why was a judgment granted if the debt is beyond the SOL? Did you not use this as an affirmative defense in court? There is more to this if the SOL defense failed.
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  #3  
Old 02-08-2006, 12:00 PM
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Quote:
Originally Posted by racer72
Why was a judgment granted if the debt is beyond the SOL? Did you not use this as an affirmative defense in court? There is more to this if the SOL defense failed.

I used no defense, I didn't show up (i know, i know)
  #4  
Old 02-08-2006, 12:04 PM
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The judgment is legal. Now you need to see if you can appeal, but don't count on it.
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  #5  
Old 02-10-2006, 01:14 AM
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Hi. You would have saved yourself a lot of "grief" if you had gone to court & used the statute of limitations expired defense. (However, you would have had to prove to the court that the SOL had expired.) The SOL does not cause the debt to go away after it expires. Sometimes creditors will still sue you - then you use the SOL expired defense. Like racer 72/and a grandpa too said maybe you can appeal - you can try.
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