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S

shrig1

Guest
I live in Maine and was served to appear for a bad debt action in Maryland. I responded to the initial query if I plan to defend, by asserting an affirmative defense of "Laches" and "statute of limitations". The court clerk has acknowledged the receipt of my defense(s) and the court date still appears to be demanding me to attend. The debt was created in 1990 and the last payment made was in 1992, the statute in Maryland is 3 years. I feel the debt collector is using the court to frighten me into paying a debt that is questionable. I have about 2 months until the court date and don't want a default judgement, but I am totally disabled and broke, so traveling to Maryland from Maine is out of the question. Will the Maryland court eventually look at my response and see that this suit should be barred by the statute of limitations and dismiss the action, or should I resend my affirmative defense(s) to the court again..? Should I request the court to dismiss the action, or will they (it) do it through their normal process(es). Thankyou
 


I AM ALWAYS LIABLE

Senior Member
My response:

You take a chance by not appearing. You should call the court clerk in Maryland and ask if your appearance is absolutely necessary or whether you can "submit on the answer". You might want to say that you are disabled and homebound, and therefore cannot physically be there to defend in person; however, you can submit to the jurisdiction by an appearance by telephone, fax, or other means.

You see, judges like to be able to question litigants about their pleadings and other evidence. Rather than waste time, if a litigant fails to appear, judges will just decide in favor of the litigant who does appear.

So, see if you can "submit" or make an appearance by phone.

IAAL
 

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