FAQs

Can my car be repossessed without warning in Maryland?

Yes, if you default on your auto loan, the lender can repossess your vehicle without prior notice. However, they cannot breach the peace or use force during the repossession.

What are my rights after my car is repossessed?

You have the right to receive a notice of the repossession and information about how to retrieve your vehicle or pay off your debt. The lender must also notify you about the auction if the car is to be sold.

Can I get my car back after it's been repossessed?

Yes, you have the right to “redeem” your vehicle by paying the total remaining loan balance, including repossession fees, before the car is sold. Alternatively, you may negotiate with the lender to reinstate the loan by paying overdue amounts.

What happens if the car is sold for less than what I owe?

If the sale amount is less than your loan balance, you may still be liable for the remaining balance, known as a “deficiency balance.” However, you can challenge the amount if you believe the sale was not conducted fairly.

Can I sue for wrongful repossession?

Yes, if the repossession was carried out unlawfully or if your rights were violated, you may have grounds to sue. It’s advisable to consult a consumer protection attorney to discuss your case.

What should I do if I suspect identity theft?

Immediately place a fraud alert on your credit reports, contact your financial institutions, and file a report with the Federal Trade Commission (FTC) at IdentityTheft.gov. You should also file a police report for additional protection.

Can I dispute fraudulent accounts on my credit report?

Yes, you can dispute fraudulent accounts by contacting the credit reporting agencies (Equifax, Experian, and TransUnion) and the creditor that reported the account. Provide evidence to support your claim of identity theft.

How can I protect myself from future identity theft?

Regularly monitor your credit reports, use strong passwords, avoid sharing personal information, and consider placing a credit freeze or fraud alert with the credit bureaus.

What is the difference between a credit freeze and a fraud alert?

A credit freeze restricts access to your credit report, making it harder for identity thieves to open accounts in your name. A fraud alert notifies creditors to verify your identity before opening new accounts, offering some protection without restricting access.

Can I recover money lost due to identity theft?

You may be able to recover funds if you report the theft promptly. Many banks and credit card companies offer zero-liability policies for fraudulent transactions. Contact them as soon as possible to increase your chances of reimbursement.

What constitutes debt collection harassment?

Debt collection harassment includes repeated calls, threats, use of obscene language, contacting you at inconvenient times, or falsely representing themselves. Such behavior violates the Fair Debt Collection Practices Act (FDCPA).

Can a debt collector contact me at work?

Debt collectors can contact you at work unless you inform them that your employer prohibits such calls. Once notified, they must cease contacting you at your workplace.

How can I stop a debt collector from contacting me?

You can send a written request to the debt collector to cease communication. After receiving your request, they can only contact you to confirm receipt or inform you of legal actions.

Can I sue a debt collector for harassment?

Yes, you can file a lawsuit against a debt collector for violating your rights under the FDCPA. If successful, you may be entitled to damages, attorney fees, and court costs.

How long can a debt collector pursue a debt in Maryland?

In Maryland, the statute of limitations for most debts is three years. After this period, a debt collector can no longer sue you to collect the debt, though they may still attempt to contact you.

How can I check for errors on my credit report?

You can obtain a free credit report annually from each of the three major credit bureaus (Equifax, Experian, and TransUnion) through AnnualCreditReport.com. Review each report carefully for any inaccuracies.

What should I do if I find an error on my credit report?

Dispute the error by contacting the credit reporting agency in writing. Provide supporting documents and a detailed explanation. The agency has 30 days to investigate and respond to your dispute.

Can incorrect information on my credit report impact my credit score?

Yes, errors such as incorrect late payments or accounts that don’t belong to you can negatively affect your credit score. Addressing these errors promptly can improve your credit rating.

Can I sue for credit reporting errors?

Yes, if a credit reporting agency or creditor fails to correct errors after a legitimate dispute, you may be able to sue under the Fair Credit Reporting Act (FCRA) for damages, attorney fees, and court costs.

How long do errors stay on my credit report?

Once corrected, the errors should be removed from your credit report. Negative items that are accurate, however, generally remain on your report for seven years.

What is the Maryland Consumer Protection Act (MCPA)?

The MCPA is a law designed to protect consumers from unfair, deceptive, and abusive practices in the marketplace. It covers various transactions, including sales, leases, and credit services.

How do I know if my rights under the MCPA have been violated?

If you believe a business misrepresented a product or service, engaged in false advertising, or used deceptive practices, your rights may have been violated. Consult with a consumer protection attorney to assess your situation.

Can I file a complaint under the MCPA?

Yes, you can file a complaint with the Maryland Attorney General’s Consumer Protection Division. They can investigate and potentially take action against the offending business.

What remedies are available under the MCPA?

Remedies include recovering actual damages, obtaining injunctive relief, and, in some cases, seeking attorney fees. The court may also award punitive damages for willful violations.

How long do I have to file a claim under the MCPA?

The statute of limitations for most claims under the MCPA is three years from the date of the violation. It’s essential to act promptly if you suspect unfair or deceptive practices.

Can I defend myself against a debt collection lawsuit?

Yes, you have the right to defend yourself. Common defenses include disputing the debt’s validity, statute of limitations, or errors in the amount owed. Consult an attorney for guidance on your specific case.

What is the statute of limitations for debt collection in Maryland?

In Maryland, the statute of limitations for most debts is three years. If the debt collector sues after this period, you can raise this as a defense in court.

Can I negotiate with a debt collector even if I'm being sued?

Yes, you can still negotiate a settlement or payment plan, even if you’re facing a lawsuit. It’s often beneficial to reach a mutually agreeable solution before the case goes to trial.

What happens if I ignore a debt collection lawsuit?

Ignoring the lawsuit can result in a default judgment against you, allowing the creditor to garnish wages, levy bank accounts, or place a lien on your property. Always respond to avoid automatic judgment.

Can a debt collection attorney help with my case?

Yes, an attorney experienced in debt collection defense can help you navigate the legal process, raise valid defenses, and negotiate settlements, potentially saving you money and protecting your rights.

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