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Statute of Limitations... Bad Debt

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I live in Maine and prior to that in Maryland. I borrowed $5000.00 from a Credit Union in Maryland for home improvements. I sold the home and moved to Maine, not paying off the debt. There was no lien or mortgage on the sold property by the Credit Union. Eight years has passed with no contact from the Credit Union until recently from a lawyer representing the Credit Union, suing in Maryland Court for the balance owed, plus eight years of interest. I am totally disabled now and unable to be employed. I have a modest home and any income is from Social Security and the Veterans Administration (100% disabled Vietnam Vet). I answered the lawsuit with the statute of limitations expiration defense, but the plaintiff countered with reference to " C&J (state statute) 5-102 ". I am unable to locate what the reference is to, so am unable to determine if the plaintiff is correct or not. There was mention that the contract I had with the Credit Union was "under seal" therefore extending the Statute of Limitations to 10 years, which if true, would mean the court would rule in their favor (as I do/did owe the money) and possibly lose my home to a judgement/forced sale scenario. At this time the court has not ruled on my motion to dismiss based on the statute of limitations (3 years for a bad debt) but the court date is May 16, 2001 in Maryland, so I am filing a request for continuance due to medical problems (had spinal surgery 8 weeks ago)
PLEASE tell me what the "C&J ss 5-102" is all about and please help me get through this. Thanking you in advance for your time and efforts, respectfully;


Senior Member
"C&J 5-102" is a reference to the Maryland Code, Courts and Judicial Proceedings, Title 5, Limitations, Prohibited Actions, and Immunities), which reads:
"§ 5-102.
(a) An action on one of the following specialties shall be filed within 12 years after the cause of action accrues, or within 12 years from the date of the death of the last to die of the principal debtor or creditor, whichever is sooner:
(1) Promissory note or other instrument under seal; (2) Bond except a public officer's bond;
(3) Judgment;
(4) Recognizance;
(5) Contract under seal; or
(6) Any other specialty.
(b) A payment of principal or interest on a specialty suspends the operation of this section as to the specialty for three years after the date of payment.
(c) This section does not apply to a specialty taken for the use of the State."

And, sorry, but I can't justify helping you attempt to legally avoid a valid debt. Other than to suggest that you might consider bankruptcy.

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