Getting to court can be inconvenient, but can you imagine being summoned to appear in a different country? That is exactly what sometimes happens to consumers who have left the US. In recent months, several people have contacted us with the same problem: they’ve just found out that an old creditor sued them in Maryland while they lived abroad. Some of the people even had judgments entered against them. If this is you, what can you do?
- Nothing Can Happen Without Service
In Maryland, you have to be “served” before a lawsuit can proceed. Usually, this means that a copy of the lawsuit is handed to you, to someone you actually live with, or you personally sign for the lawsuit sent via certified mail. Obviously, none of these things can happen if you don’t live in the United States.
The Maryland Rules do allow service of process by any means permitted in the Defendant’s country of residence. In practice, however, few creditors are likely to come to grips with the Hague Convention on international service of process or consult a foreign lawyer about service of process in another country.
- Judgments Without Proper Service Are Invalid
Unfortunately, process servers sometimes get lazy or lie outright about service. They leave papers on the doorstep or hand them to whoever answers the door without really knowing whether they have the right address. They swear to the Court that the Defendant was served, and the court will usually enter a judgment against the Defendant, who does not show up.
We see plenty of cases where this happens to residents, a clear insufficient service of process in Maryland. However, in Maryland, a judgment can always be attacked for lack of proper service. Proving that service was bad can be difficult, but luckily for consumers living abroad, proving you weren’t served is a bit easier when you weren’t even in the country. Passport stamps and travel records can clearly prove that you weren’t served. Armed with such proof, we are more likely to succeed in getting a judgment vacated.
- Suing In The Wrong Place May Violate Consumer Rights
The Fair Debt Collection Practices Act says that a consumer debt collection lawsuit should be filed either (a) where the consumer lives or (b) where the underlying contract was signed. If a collection case is filed against you in a place that isn’t (a) or (b), your rights have been violated, and you might have a right to sue; this is particularly so if the creditor or their attorney knew or ought to have known that you were out of the country.
- The Statute of Limitations May Not Run
Consumers living abroad may not get the benefit of the statute of limitations. In Maryland, the statute of limitations normally requires any consumer collection lawsuit to be filed within three years. But leaving the state (and even more, the country) may stop that time from running. As a result, if you leave and come back, even debts older than three years may still be enforceable by a lawsuit.
Have You Experienced an Insufficient Service of Process in Maryland?
If you have found yourself hunted by old creditors for the reasons we’ve outlined in this article, please reach out. Don’t feel helpless against predatory creditors trying to take advantage of an insufficient service of process in Maryland while you were abroad.