How do I find the last known account activity for a closed account(Citi Bank) for a Statute of Limitations defence?

[jvdc1992]

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

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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.

 

[BackFromTheDebt]

Well, July “or so” makes a huge difference between SOL and not SOL.  It appears they filed in early July.  If your last payment was July 2019, you went into default in August 2019.  Filing July 2022 would be within the SOL by a hair.  
 

Discovery would be the way to find out.  
 

In the meantime, look up the arbitration thread.  This amount is very likely NOT small claims, so arbitration is on the table 

[Bulldoger]

 

4 hours ago, jvdc1992 said:

which they emailed to me to sign

Was there a stipulated Judgment if you defaulted on payments I would not sign. 

There is 35 days for tolling in MD due to COVID so you add 35 Days to 3 years. So SOL may not be a defence, 

At this point go to court say Monday you found out your being sued and saw online and notice today court date,  Say you haven't seen the complaint to file an answer. You will provide my correct address and phone number and will file and answer 15 days after service,  If attorney has copy of complaint you can have the court can take that as  being served today.  You would like a 30 day continuance to file answer and work on settlement. Have June utility bill for your new address showing you had move when case was filed.

If you don't go they can give judge service info get a default judgement. 

[jvdc1992]

Thank you!

So the pdf they sent me is actually not even a form, it's just a notice of the intent to pay the agreed payment plan.

There has been no judgement yet, as my court date has not happened yet.

So take a copy of utility bill. Tell court I just found out I was being sued, which is true, I found out this past weekend from my prior neighbor, who said the card was on the floor of the apartment building where the mail is delivered. I then say I haven't seen the complaint to file an answer. Then provide correct address and phone number and say I will file and answer 15 days after service.

If I ask for the 15 days to file and answer, how do I then ask for a 30 day continuance to file, answer, and work on settlement?

Should I take the payment plan from today they got out of me? They emailed a confirmation of it right away after the phone call

[jvdc1992]

16 hours ago, BackFromTheDebt said:

Well, July “or so” makes a huge difference between SOL and not SOL.  It appears they filed in early July.  If your last payment was July 2019, you went into default in August 2019.  Filing July 2022 would be within the SOL by a hair.  
 

Discovery would be the way to find out.  
 

In the meantime, look up the arbitration thread.  This amount is very likely NOT small claims, so arbitration is on the table 

Thanks,

So I went to court today, and turns out, because I was never served, I was not on the docket? The officer sent me to the clerk, who said the same thing, since I was never served, there was nothing for the court to do currently, and that I could go home.

It turns out that little paper was not an official form or anything.

So now I wait until I get served I guess?

And then once I am served, Request discovery, and then arbitration?

[Bulldoger]

5 hours ago, jvdc1992 said:

And then once I am served, Request discovery, and then arbitration?

Once served, file answer within 15 days, then motion for arbitration after answer or at same time as answer,  if they follow through with arbitration  (normally they don't) then do discovery in arbitration.  

[BackFromTheDebt]

16 hours ago, Bulldoger said:

Once served, file answer within 15 days, then motion for arbitration after answer or at same time as answer,  if they follow through with arbitration  (normally they don't) then do discovery in arbitration.  

I like the idea of arbitration.  If they are lazy enough to wait until the last minute to file and then not serve you for a while there is chance they will walk away from arbitration.