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  1. #1
    Join Date
    May 2008
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    6

    Default Maryland Code, Sec. 5-101

    My question involves collection proceedings in the State of: Maryland

    Exactly where in the annotated code of maryland would i find 5-101 and what is it called ? (section-chapter, chapter-verse, statute-paragraph) ?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: 5-101

    I'll see if I can get you there (I'm unable to link you directly):

    Go to:

    http://government.westlaw.com/linked...sp?SP=MDC-1000

    Then click on "COURTS AND JUDICIAL PROCEEDING" (you'll have to then click on "Continue to WebLinks"). (Give it time the site is putsy.)

    Then under > "COURTS AND JUDICIAL PROCEEDINGS" then click on > "TITLE 5. LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES" then click on > "Subtitle 1-Limitations", you then should see "§ 5-101. Limitations".

  3. #3
    Join Date
    May 2008
    Posts
    6

    Default Re: 5-101

    Wonderful HT !!! Thats what i was looking for. Just one more tiny question.
    What is 5-101 called ? I mean i don't want to stand up in court and say, Your
    Honor, pursuant to thingy 5-101, i'd like to make a motion to dismiss.

  4. #4
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Maryland Code, Sec. 5-101

    The creditor did not file the lawsuit within the time limits that the law allowed.

    It is Maryland's Code and Court rules, under COURTS AND JUDICIAL PROCEEDINGS, TITLE 5. LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES, Subtitle 1-Limitations, statute 5-101.

    The court will not know that the statute of limitations has expired unless you answer the complaint and raise that issue as your defense.

    Go back to your other thread and read that link I provided, it tells you what proof you will need to show that it has expired.

  5. #5
    Join Date
    May 2008
    Posts
    6

    Default Re: Maryland Code, Sec. 5-101

    Thanks HT for all your help. The summons has a copy of the original hospital bill.
    That will be my proof to show it has expired.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Maryland Code, Sec. 5-101

    For the record,
    Quote Quoting Maryland Code, Courts & Judicial Proceedings, § 5-101. Three-year limitation in general.
    A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

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