3/31/2023 0 Comments Maryland judiciary courtsJoining with traditionally consumer-centric pro bono legal service groups, they explained that the entry of these judgments - even where uncontested - was just not the right thing to do. They took their concerns to the Chief Judge of the District Court of Maryland. This would, however, put the burden to deal with the judgment on the consumer, many who may not know what their rights are especially during the unprecedented pandemic-related court closures.įeeling that consumers should not be placed in this situation, NCBA members under the leadership of the Maryland-DC Creditors Bar Association, were not satisfied by the rationale being given to them. One response the lawyers received was, if consumers felt that the judgments were entered in error, they could always file a motion with the court to vacate the judgment. What they discovered, however, was that this local court felt that since these cases were uncontested, they might as well deal with them administratively now, before the massive influx of new cases starts to bog the court systems down. The lawyers reached out to the Court and asked if maybe the entry of these judgments was just an oversight, or they were left over from matters that were to be decided before the pandemic’s full affect was reduced to an Administrative Order. Courts were closed, matters stayed, and deadlines extended, so it would seem reasonable for someone to think that they could wait to take action to deal with the lawsuit once the courts reopened. The problem that immediately jumped out at the Maryland attorneys was, what if the reason the consumer didn’t contest the matter was, they didn’t think they had to. Once a judgment is entered, the plaintiff can exercise further collection actions through garnishment or attachment as prescribed by Maryland law. In most cases, the uncontested matter results in the routine entry of an Affidavit Judgment. Many attorneys would have taken the position that this is a court issue if the court feels it appropriate to enter these judgments, who are they to be concerned? In Maryland, after service of the complaint, should the consumer not file a Notice of Intention to Defend, the complaint is forwarded to a Judge for review. But as all other civil matters were to be stayed during this time, many members of NCBA's state creditors bar association (SCBA) affiliate Maryland-DC Creditors Bar Association were surprised to see that Affidavit Judgments continued to be entered by the Baltimore City District Court. During this time, the District Court matters to be heard included matters that were absolutely necessary, including bail reviews/bench warrants, emergency evaluation petitions, and quarantine and isolation violations. Pursuant to the Administrative Order issued by the Maryland Judiciary, court offices, administrative offices, units of the Judiciary, and the Offices of the Clerks of the Circuit Courts, and the clerks’ offices of the District Court were closed beginning on Mathrough June 5, 2020. The COVID-19 pandemic resulted in many court systems throughout the United States shutting their doors.
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