I have a civil case on Thursday that I was not aware of until recently. The only notice I received was a small business card thing at my prior address about 5 months ago, that a neighbor kindly took a photo and messaged to me. It said "Legal Court Notice, had my name, and says "We have attempted delivery of a court summons or subpoena."
Never actually received anything in person.
Upon looking at the court system of cases, my case is on Thursday. So I contacted the collections agency hoping to settle before then, and they set up a payment plan, which they emailed to me to sign. But then they said it's too late to cancel the court case? So I need to go on Thursday regardless.
I have been trying to research what to bring online, and one of the things that grabbed my attention was the statue of limitations.
This account originated from a credit card I opened in California, but I now live in Maryland. I believe the account was closed in November of 2019, and it has been 3 years since, which is the statute of limitations in Maryland. But is there a way for me to check the exact date to print it out and bring it?
Also, I don't have any official documentation or anything, besides the payment plan paperwork that the collections agency sent me today, which I have not signed yet. On the paperwork, it states Citibank as the original creditor.
Also, would love any other advice anyone has, or who has gone through the same thing. My first time in court, and stressing out. It has been hard enough trying to pay rent as it is.
EDIT: I found a questionnaire while searching on here, and filled it out with my own information:
1. Who is the named plaintiff in the suit? 001(LVNV FUNDING LLC)
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) SCHRIER,TOLIN & WAGMAN
| Connection to Complaint: | ATTORNEY FOR PLAINTIFF |
3. How much are you being sued for? $12,388.74
4. Who is the original creditor? (if not the Plaintiff) Citi Bank
5. How do you know you are being sued? (You were served, right?) Received A business card sized notice saying "Legal Court Notice: We have attempted delivery of a court summons or subpoena, please call XXX-XXX-XXXX"
6. How were you served? (Mail, In person, Notice on door) Left at apartment mailbox
Claim Type:CONSUMER DEBT ASSIGNED
Case History from the court website:
| Type: | REGULAR CLAIM |
| Complaint Status: | ACTIVE |
| Type: | INITIAL CASE FILINGComplaint No.: |
| Date: | 07/27/2022Comment:INITIAL AFFIDAVIT CASE FILING |
| Type: | INTRODUCTION OF BUSINESS RECORDSComplaint No.:001 |
| Date: | 07/27/2022Comment:PLN |
| Type: | TRIALComplaint No.: |
| Date: | 07/29/2022Comment:TRIAL SET FOR: 12082022 |
| Type: | COMMENTComplaint No.:001 |
| Date: | 07/29/2022Comment:REGISTER #48 07/28/2022 |
| Type: | COMMENTComplaint No.:001 |
| Date: | 07/29/2022Comment:JKT TO RR |
| Type: | NOTICE SENTComplaint No.:001 |
| Date: | 07/29/2022Comment:NOTICE OF INITIAL TRIAL (ATP)-D1 |
It looks like the case was filed before 3 years, so Statute of Limitations will not apply.
Not sure what to do here now. Do I bring the payment plan agreement letter? What normally happens at the court?
7. Was the service legal as required by your state? NOT SURE
8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE
9. What state and county do you live in? Baltimore City, Maryland
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I'm not sure, not sure how to check, I can't login to my online account, but I believe July of 2019 or so was the last payment made
11. When did you open the account (looking to establish what card agreement may be applicable)? 10/14/2016
12. What is the SOL on the debt? I opened the account in California, which is 4 years, and now live in Maryland, which is 3 years. I am being sued in Maryland.