Frequently in student loan and other collections cases, a person gets sued in Maryland, but the contract specifies that the law of a state other than Maryland governs. For example, it might say “the law of New Jersey applies to this contract” or words to that effect. The question then arises of which state’s student…
In 2017, the three largest Credit Reporting Agencies – Experian, Equifax and Transunion implemented some changes to what “public records” they report, according to a Consumer Data Industry Association (CDIA) press release. “Public Records” means information obtained from courts and other public entities. This includes bankruptcies, tax liens and judgments. Read more
We have successfully defended many cases where the debt buyer plaintiff alleged that the statute of limitations was 12 years (not 3 years) because the contract was “under seal.” We have prevailed in arguing that the statute of limitations is 3 years not 12 years in those cases where the contract did not meet the…
We have handled several cases in which we successfully got judgments vacated because the Defendant was never served. This is not an uncommon problem, because the phenomenon of “sewer service” is alive and well. It is not unusual that a person had no idea there was a judgment against them, and that the first time…
At Holland Law, we have defended many lawsuits that were filed after the expiration of the Maryland statute of limitations. There are a few different statutes of limitation which may apply to a given case in Maryland whether that’s a debt buyer case, a loan case, or another consumer rights case. Maryland Statute of Limitations:…
Consumers who sue large corporations are always at a disadvantage. Among the many advantages the corporate defendant has is information. Imagine in typical case. A large mortgage servicer demands money from a consumer. The consumer doesn’t owe the money. Months pass, and no matter how many times the consumer explains, the calls and the letters… Read more
Every year, tens of thousands of Maryland residents are sued in debt collection cases. Only about 20 percent of them enter defenses, though. There are a lot of reasons for that. Some people think they don’t stand a chance in court. Some hope that the debt will go away if they ignore it. Others simply… Read more
A study by British industry groups and academics recently set out best practices for debt collectors dealing with so-call vulnerable consumers. InsideARM, a US debt collectors’ trade publication has taken interest and encourages senior management to read it. Among the studies’ key findings were: Read more
Maryland Judiciary Case Search provides a public window in the court system in Maryland. Case types, the names of parties, judgments and charges are all public information, displayed on case search. Through this window, we can see what the largest institutional users of the court system are up to. Here’s what six of the largest… Read more
Plaintiffs in federal court must file long, detailed complaints to avoid motions to dismiss for failing to meet the Supreme Court’s Twombly/Iqbal pleading standards. So, it can be vexing when a corporate defendant files answer with boilerplate affirmative defenses. The Supreme Court has not addressed what standard defendants must meet when they plead, and the… Read more