Judgments have serious consequences. In Maryland they last for 12 years, and are renewable. With a judgment, a creditor can garnish your wages, freeze your bank accounts, get a lien over your home or even seize your car. Sometimes people are surprised to find that there is a judgment against them. So, what can you… Read more
Hundreds of businesses have your personal information these days. This includes sensitive information such as your birthday, address and even your social security number. On top of that, some of them even likely lost that information to third party hackers, increasing your risk of identity theft. Lately we’ve seen several cases of people who were… Read more
By far the largest users of Maryland’s civil courts are businesses collecting debts. Debt buyers are the largest plaintiffs of all. In 2016, a Human Rights Watch report noted that Debt buyers . . . rely on tax-funded state institutions—namely the court system—to secure much of their income. Leading debt buyers rank among the heaviest… Read more
In its 5-2 decision, the Maryland Court of Appeals held that actions for back rent under residential leases are subject to a three-year period of limitations regardless of whether the lease includes provisions stating that it is a contract under seal subject to a 12 year statute of limitations. The Holland Law Firm represented Gregory…
Sometimes known as the “so what?” motion, the Defendant who files a Motion to Dismiss is saying that “even if everything you say is true, it still does not state a legal claim. It’s just a nothing-burger.” Because of the financial, emotional, and logistical commitment of prosecuting a lawsuit in federal court, the last thing… Read more
By Paul Kiel, ProPublica. Originally posted here. Republished here under a Creative Commons license. Nonprofit hospitals get big tax breaks for providing care for patients who can’t afford it. Under new IRS rules, hospital lawsuit cases must take extra steps to inform poor patients that they may qualify for financial assistance. Last month, ProPublica and… Read more
Midland Funding, a subsidiary of Encore Capital Group, is the world’s largest debt buyer and one of the most prolific users of Maryland’s District Court. It has filed tens of thousands of suits against Marylanders. But when one of those consumers, Mr. Cain, sued Midland Funding, Midland convinced the trial court and the intermediate appellate… Read more
Private debt collectors are subject to a variety of laws policing their collection of private debts. The Fair Debt Collection Practice Act (FDCPA) imposes clear and strict requirements on debt collectors – such as preventing them from shaming consumers into payment by publishing the names or calling their parents, preventing them from lying to consumers… Read more
Franz Kafka Lives. This automatic stay violation case reveals that he works at Bank of America. So says Judge Christopher M. Klein, in Sundquist v. Bank of America. What follows is a distressing story of malicious incompetence that destroyed the health of two elite athletes and cost Bank of America more than $46 million. Judge… Read more
Ocwen is amongst the largest mortgage servicers in the country. It holds mortgage debts with a face value more than $400 billion. Ocwen specializes in “default” servicing – meaning that it services loans where the consumer is behind. On April 20th & 21st, state and federal regulators took a range of legal actions against Ocwen… Read more