In this Rule the following definitions apply except as expressly otherwise provided or as necessary implication requires:
"Charge-off" means the act of a creditor that treats an account receivable or other debt as a loss or expense because payment is unlikely.
"Charge-off balance" means the amount due on the account or debt at the time of charge-off.
"Consumer debt" means a secured or unsecured debt that is for money owed or alleged to be owed and arises from a consumer transaction.
"Consumer transaction" means a transaction involving an individual seeking or acquiring real or personal property, services, future services, money, or credit for personal, family, or household purposes.
"Original creditor" means the lender, provider, or other person to whom a consumer originally was alleged to owe money pursuant to a consumer transaction. "Original creditor" includes a creditor excluded from the definition of "debt buyer" in Code, Courts Article, § 5-1201(i)(2) and the Central Collection Unit, a unit within the State Department of Budget and Management.
"Original consumer debt" means the total of the consumer debt alleged to be owed to the original creditor, consisting of principal, interest, fees, and any other charges.
Committee note: If there has been a charge-off, the amount of the "original consumer debt" is the same as the "charge-off balance."
"Principal" means the unpaid balance of the funds borrowed, the credit utilized, the sales price of goods or services obtained, or the capital sum of any other debt or obligation arising from a consumer transaction, alleged to be owed to the original creditor. It does not include interest, fees, or charges added to the debt or obligation by the original creditor or any subsequent assignees of the consumer debt.
"Future services" means one or more services that will be delivered at a future time.
"Future services contract" means an agreement that obligates a consumer to purchase a future service from a provider.
"Provider" means any person who sells a service or future service to a consumer.
In an action for money damages a plaintiff may file a demand for judgment on affidavit at the time of filing the complaint commencing the action. The complaint shall be supported by an affidavit showing that the plaintiff is entitled to judgment as a matter of law in the amount claimed.
The affidavit shall:
Cross reference: See Rule 3-113(b) pertaining to compliance with § 3931 of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq. in a request for renewal of summons.
If the claim arises from consumer debt and the plaintiff is not the original creditor, the affidavit also shall include or be accompanied by (i) the items listed in this section, and (ii) an Assigned Consumer Debt Checklist, substantially in the form prescribed by the Chief Judge of the District Court, listing the items and information supplied in or with the affidavit in conformance with this Rule. Each document that accompanies the affidavit shall be clearly numbered as an exhibit and referenced by number in the Checklist.
Committee note: This Rule is procedural only, and subsection (d)(2)(B)(iii) is not intended to address the substantive issue of whether interest in any amount may be charged on a part of the charge-off balance that, under applicable and enforceable Maryland law, may be regarded as interest.
Cross reference: See Federal Financial Institutions Examination Council Uniform Retail Credit Classification and Account Management Policy, 65 Fed. Reg. 36903-36906 (June 12, 2000).
The affidavit shall contain a statement that the plaintiff owns the consumer debt. It shall include or be accompanied by:
Committee note: If a bill of sale or other document transferred debts in addition to the consumer debt upon which the action is based, the documentation required by subsection (d)(3)(B) of this Rule may be in the form of a redacted document that provides the general terms of the bill of sale or other document and the document's specific reference to the debt sued upon.
The affidavit shall include the following information:
If the claim is based on a future services contract, the affidavit shall contain facts evidencing that the plaintiff currently is entitled to an award of damages under that contract.
If there has been a charge-off of the account, the affidavit shall contain the following information:
If there has been no charge-off, the affidavit shall contain:
The affidavit shall include a list of all Maryland collection agency licenses that the plaintiff currently holds and provide the following information as to each:
Cross reference: See Code, Courts Article, § 5-1203(b)(2), concerning the plaintiff's requirements if a judgment on affidavit under section (d) of this Rule is denied.
If the defendant files a timely notice of intention to defend pursuant to Rule 3-307, the plaintiff shall appear in court on the trial date prepared for a trial on the merits. If the defendant fails to appear in court on the trial date, the court may proceed as if the defendant failed to file a timely notice of intention to defend.
Cross reference: Rule 3-509.
Before entry of judgment, the plaintiff shall inform the court of any reduction in the amount of the claim by virtue of any payment or other credit.
When a demand for judgment on affidavit is granted, the clerk shall mail notice of the judgment promptly after its entry to each party at the latest address stated in the pleadings. The notice shall inform (1) the plaintiff of the right to obtain a lien on real property pursuant to Rule 3-621,and(2) the defendant of the right to file a motion to vacate the judgment within 30 days after its entry pursuant to Rule 3-535(a). The clerk shall ensure that the docket or file reflects compliance with this section.
Md. R. Civ. P. Dist. Ct. 3-306
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former M.D.R. 610 a.
Section (c) is derived from former M.D.R. 610 a.
Section (d) is new.
Section (e) is derived from former M.D.R. 610 b, c, and d.
Section (f) is derived from former M.D.R. 610 e.
Section (g) is derived from former M.D.R. 610 d.