Maryland SB 42: Courts - Consumer Debt Collection Actions - Statute of Limitations

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *sb0042*   
  
SENATE BILL 42 
D3   8lr1058 
  (PRE–FILED)   
By: Senators Norman and Cassilly 
Requested: November 2, 2017 
Introduced and read first time: January 10, 2018 
Assigned to: Judicial Proceedings 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Courts – Consumer Debt Collection Actions – Statute of Limitations  2 
 
FOR the purpose of repealing a certain provision of law relating to the statute of limitations 3 
on  consumer  debt  collection  actions;  clarifying  that a  prohibition  on  reviving  the 4 
statute of limitations period after certain activity on debt occurs applies only after 5 
the expiration of the statute of limitations; and generally relating to consumer debt 6 
collection actions. 7 
 
BY repealing and reenacting, with amendments, 8 
 Article – Courts and Judicial Proceedings 9 
Section 5–1202 10 
 Annotated Code of Maryland 11 
 (2013 Replacement Volume and 2017 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – Courts and Judicial Proceedings 15 
 
5–1202. 16 
 
 (a) A creditor or a collector may not initiate a consumer debt collection action after 17 
the expiration of the statute of limitations applicable to the consumer debt collection action. 18 
 
 (b) Notwithstanding any other provision of law, on the expiration of the statute 19 
of limitations applicable to the consumer debt collection action, any subsequent payment 20 
toward, written or oral affirmation of, or any other activity on the debt may not revive [or 21 
extend] the limitations period. 22 
 

2 SENATE BILL 42  
 
 
 SECTION  2.  AND  BE  IT  FURTHER  ENACTED,  That  this  Act  shall  take  effect 1 
October 1, 2018. 2