Being Pursued in Court for MD Debt beyond SOL - What Can I Do?

[Anonymous]

Hello,

Today a courier attempted to serve me a court order to appear in court in under a week. I was not home and he called my cell phone and left me a message with more information. The motion was apparently filed by a local law firm for a debt from an old citibank credit card account that, according to the firm, was charged off in December 2013. 

I live in Maryland and this debt is for MD. I understand the statute of limitations for a suit to be filed to collect this debt is 3 years for maryland (but not sure 3 years from what?). 

I've just pulled up my equifax credit report today and this account (with the original creditor as citibank) is not on it. I also pulled up an Experian credit report from August 2017 and this account is not on it. 

Tomorrow I have to move things around in my schedule to be home when the courier will come so I can receive the papers, or be considered "non-compliant". 

I plan to make a list of debt lawyers that I can call in the remaining two days of the work week to see if I can get any advice about how to launch a defense for this case. 

But can they even legally file a lawsuit against me if this debt is past the SOL? And also in 2016 MD Governor Hogan signed into law SB 771 which says that debt collectors may not initiate debt collection actions after expiration of SOL and once SOL expires it can't be revived or extended via oral affirmation of the debt  or payment towards it. 

My questions: 

Your general thoughts? 

How can I get more information about this account since it's not showing up on my credit report? 

If and when I show up in court, how likely do you think it is that the judge will dismiss this case? 

Any thoughts on what I can do to launch a defense that would get this case thrown out? 

Thank you thank you thank you! 

[rbentley]

It was a well known scam call.  You are NOT being pursued in Court.  Couriors do NOT serve court papers.  No creditor, collection agency or process server calls you up and says they have Court papers to deliver to you.  Why would they do that?  That would just be giving you advance notice to evade service.  They are trying to panic you into calling them back and making some payment out of fear of being served.  

If you debt is indeed out of the SOL you can safely disregard the call.  There is no need to call these scammers back and try to explain that the debt is beyond the SOL.  They already know that.  No courior is going to come tomorrow.  Do not take the day off.  You are not "non-compliant" other than not complying in giving away your money.  You really have nothing to worry about.  

[Anonymous]

Hi rbentley,

Thank you so much for your reply! You've taken a load off my chest. After doing some further digging on this law firm I realize that their website is skeletal, and why would they need to have five 866 numbers listed if they are based in DC? 

They tapped a vein. Thanks again for taking the time to respond. Much appreciated.

[rbentley]

Companies like this buy debt that is considered uncollectable due to its age and the SOL.  They can purchase a million dollars of debt for a thousand dollars or so.  They do so in the hope that they can more than recover their money by only collecting even something from 1% of the claims.  I am glad their scare tactics did not work on you.  Give yourself a pat on the back for not panicing and making some payment or retaining a lawyer.  You did your research, sought out advice and as a result saved yourself a lot of expense and worry.  

[KLEXH25]

So good to know this! Reading through, I was trying to figure out why they’d call and give notice. I probably would have fallen for this myself.

[FireMedic1]

Ignore these idiots. I get a few a month. "Tell your boss and security we are coming to serve you papers". blah blah blah. Block and report on your cell. And if your registered on the do not call list. Report them. Wont do much good. They use all kinds of area codes and such. They even try my area code trying to make me think its a local call. Yeah right.

[Priory_Man]

Agree with all the other posts, nothing but a scam and scare tactic to try and get money from you.
As a side note. Any calls I get like this, stating we attempted a delivery, I go to the website of said company and call the numbers listed there, 99% of the time they are not a match to what I have been left in the VM.
Put this down to a bad experience and move on from it.

[Anonymous]

In addition to what others have stated. Your local county courthouse will have a record on file if you are truly being served. Simply calling them should provide the truth as well.

[DaveInAZ]

Yes, total scam. First tip: Courts don't issue summons to appear in court in less than a week. Second tip: If you're not home when someone tries to serve you you're not being "non-compliant", it's their job to find you & serve you, not your responsibility to wait around for them. Third tip: Couriers don't serve court summons, it's done by Certified US Mail or law enforcement, usually Sheriff Deputies.

[Medic981]

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@DaveInAZ wrote:

Yes, total scam. First tip: Courts don't issue summons to appear in court in less than a week. Second tip: If you're not home when someone tries to serve you you're not being "non-compliant", it's their job to find you & serve you, not your responsibility to wait around for them. Third tip: Couriers don't serve court summons, it's done by Certified US Mail or law enforcement, usually Sheriff Deputies.

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You forgot process servers. Service of process can be performed by the constable, sheriff, or a private process service.