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

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.

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Posted

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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Posted

Thank you for your complete and through response! I've only had one preliminary hearing and did not miss that. I was very cautious NOT to take out any credit with a personal guarantee. When I established this account with them I had been in business 10 years , with a D&B, and had trade credit which I used for the original line with was only $2,500. I paid and it kept getting extended. It's been 12 years since I opened the account and do not have the original agreement and have asked for them to produce it many time in writing with no response. Every statement clearly states LLC. I found Motion to Vacate and sent off to the court today. Thanks again