Does the Statute of Limitations Protect Me From My Co-Signed Student Loan?

Question:

Dear Steve,

I was the co-signer for a student loan for my daughter. I made the last payment in June 2014. The loan has been sold several times. I live in Maryland and a collection agency who bought the loan is trying to sue me. I haven’t been officially served but it’s been filed in District Court. I keep reading that in MD, the statute of limitations is 3 years. This lawsuit was filed with the court on October 26, 2017. Do I count from June 2014 for the statute of limitations?

When does the statute of limitations start in MD for a debt? Does it start based on when I made the last payment (acknowledged the debt)?

Cindy

Answer:

Dear Cindy,

The Statute of Limitations is a tricky beast. It’s not always so clearcut. The biggest misunderstanding is even if the debt is time barred under the Statute of Limitations that does not prevent you from being sued over a debt. It is a defense you would have to raise if sued.

So understanding that you must realize there is no substitution for good assistance from a licensed attorney in your state.

I publish a list of student loan attorneys that have experience in dealing with student loan issues. But this is not necessarily a purely student loan situation if you think the Statute of Limitations might apply.

You could contact an attorney who is experienced in dealing with debt collection issues.

I don’t care what anybody on the internet might say, the only way to protect yourself from a legal action is with good legal advice from a licensed attorney. Beware of any debt relief company that might claim they can protect with with some one-size-fits-all solution at this point.

Please go contact a Maryland attorney and let me know what they say by posting an update in the comments below. And do it now.

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Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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