MAryland SOL- which one?

Anonymous · ‎11-23-2007

Would a finance contract for an auto be considered a 'written contract' or 'a contract under seal'

this is how MD's code is summarized:

Contracts: Written, 3 years; Written and under seal, 12 years.

My best friend just received a letter from an attorney (Michael N. Kay representing Palisades Collection LLC) wanting her to pay for a car that her drug-addict EX totaled back in 1999. Need to know which SOL applies - so she can either DV or C&D.

Message Edited by Lady_Scarlet on 11-23-2007 07:06 PM

Anonymous · ‎11-23-2007

I've skimmed over this, and my brain hurts. Maybe someone smarter will decipher it for us.

http://www.stuartkaplow.com/library3.cfm?article_id=60

"In the instance of a contract to be signed by individuals, and not corporations, the guidance of this Court is clear. A testimonium clause providing, “witness my hand and seal on the date first above-written” above a signature line that includes the word “(Seal)” makes the contract a sealed one for the purpose of statute of limitations."

Sounds like specific language has to be on the original signed contract, according to that one. But this one seems to just say it needs to have a notary or corporate seal:

http://www.fair-debt-collection.com/searches/contract-under-seal.html

Sorry I can't be more helpful, but those lawyer folk speak in a funny tongue.

edited for formatting

Message Edited by MisterTor on 11-23-2007 06:13 PM

Anonymous · ‎11-23-2007

Lady_Scarlet wrote:
Would a finance contract for an auto be considered a 'written contract' or 'a contract under seal'

this is how MD's code is summarized:
Contracts: Written, 3 years; Written and under seal, 12 years.

My best friend just received a letter from an attorney (Michael N. Kay representing Palisades Collection LLC) wanting her to pay for a car that her drug-addict EX totaled back in 1999. Need to know which SOL applies - so she can either DV or C&D.

Message Edited by Lady_Scarlet on 11-23-2007 07:06 PM

If this makes sense to you then it's your answer.............I would call the state AG and ask about it ...if they can't answer you, ask what state dept. handles consumer debt (my state would be the dept. of banking)

http://www.fair-debt-collection.com/searches/contract-under-seal.html

Palisades collections are in NJ and are real scumbags....DO NOT TALK THEM!!!!!

Anonymous · ‎11-24-2007

After speaking with my DH (who is soon to be an Auto Dealer) - the dealership where she purchased the car is now out-of-business and when Chrysler was bought by Damiler they purged a lot of paperwork; the chance that they can fully document (inclusing the original buyer order) is almost non-existant so I think a DV would be the best route. In which case even if they tried to sue, she could then prove (if they could document) that it is past the 3 year SOL, and if they can't then they can't prove their case in court. Either way she would have a better idea (and her attorney) of which one it is.