Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA v. ROGER A. HUDSON * * * * * * * ***** OPINION On October 20, 2004, Plaintiff United States of America filed this lawsuit seeking a money judgment against Defendant Roger Hudson based on a loan of $200,000 made by Plaintiff to Defendant on or about October 21, 1985 pursuant to the Consolidated Farm and Rural Development Act. The loan is memorialized by a promissory note. (Pl.'s Mot. for Summ. J., Ex. A.) Defendant failed to repay the loan consistent with the terms of the note, and Plaintiff accelerated the indebtedness on June 17, 1991. On or about October 20, 1998, Defendant signed an Application for Settlement of Indebtedness ("Application"). The parties have filed crossmotions for summary judgment on the issue of whether Plaintiff's claim is barred by limitations. For the reasons stated below, Plaintiff's motion will be granted, and Defendant's motion will be denied. A. Defendant first argues that the execution of an Application cannot restart an expired limitations period in a suit based on a contract with the federal government. All actions for money damages brought by the government, or an agency of the government, founded upon a contract are barred unless the complaint is filed within six years from the date upon which the

Civil No. JFM-04-3386

-1-

cause of action accrues. 28 U.S.C.

Download United States of America v. Roger A. Hudson.pdf

Maryland Law