How do I file motion to vacate judgement in Maryland (Montgomery County)?

Asked over 2 years ago - Silver Spring, MD

Capital One entered an affidavit judgement against me personnally for a debt that was clearly that on a defunct LLC that I was an officer. I have not received a day in court, I reponded to the original summons and have not be presented any interrogatories.

Attorney answers (1)

  1. Mark William Oakley

    Contributor Level 18

    2

    Lawyers agree

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    Answered . If an affidavit judgment was entered against you personally, then you failed to file a Notice of Intention to Defend with the clerk of the court, or having filed one, you failed to appear for trial. You have 30 days from the date of entry of judgment to file a written motion to vacate or set aside judgment, giving legally justifiable reasons for your failure to respond properly to the suit, and further asserting that you have a meritorious defense to the claim. Although you state that the debt was "clearly that on a defunct LLC," my experience is that credit card companies very seldom grant credit cards to small business entities; rather, the business owner (you) applies for a credit card under you own credit, asking that it bear the name of your business, but you are still signing up as personally liable for the card. You may add any other name or authorized user on your personal credit cards, and that is how most small business owners set up their company credit card accounts, but it is really on their personal credit. The only way a business entity can qualify on its own for a credit card is to establish a Dunn & Bradstreet merchant account and demonstrate a track record of paying off credit accounts, usually by starting off with store credit cards offered through chain retailers like Staples, Office Depot, Costco, etc. You should dig out the original credit card agreement and review it (it should be attached to the complaint as well).

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