Legal Question in Legal Ethics in Maryland

Small Claims Court

I had something happen to me on-May 3,1999-Is it too late to take action-It concerns a Funeral Home and the way they handled my husbands service-It was a very bad expereince


Asked on 1/26/02, 11:08 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Small Claims Court

It is impossible to say whether you will be precluded by a statute of limitation defense in as much as you have not provided enough detail to identify the cause of action. In Maryland, most causes of action are set at 3 years from "discovery". Old case law may still apply in certain circumstances to start the limitations when the underlying cause should have been known, but this is isolated to limited factual matters. Some causes of action bear longer time limits, such as with mortgage matters, etc. and others have shorter limits such as with defamation matters. Again, without knowing the basis of your claim it is not possible to answer your question. However, given that you discovered any colorable claims in May 1999, you are best advised to contact an attorney as Maryland's most generally applicable statute of limitation would render your action stale at May 2002.

Contact me if you wish to discuss.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 1/27/02, 4:48 pm


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