Can I countersue a debt collector for suing me and recieving judgement on a debt that had passed the statute of limitations?
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Can I countersue a debt collector for suing me and recieving judgement on a debt that had passed the statute of limitations?
My wages are being garnished by a debt collector after a default judgement was rendered for a suit 3 years ago. After research I found that the original suit in 2009 had passed my state’s statute of limitations for the collection of the debt. I have recieved no proof that the debt is even mine and after some bad advice I did not attend the court hearing rendein which the judgement was rendered against me. Can I sue the debt collection agency for filing a lawsuit that should have never taken place even though a judgement was awareded to them?
Asked on May 8, 2012 under Bankruptcy Law, Iowa
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can file the lawsuit against the debt collector regarding the matter you have written about, but under the laws of all states in this country, your lawsuit (cross complaint) would have been mandatory at the time the initial lawsuit was filed against you and your would be precluded under the law from filing suit even though the judgment against you was time barred.
The problem is that you allowed yourself to get defaulted on a time barred lawuit under your state's statute of limitations. Potentially you might be able to get the default and default judgment set aside if you were not properly served with the summons and complaint. If you were, then most likely the judgment against you will remain.
I suggest that you consult with an attorney that practices consumer law further to see if that judgment against you might somehow be set aside.
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