Can I be sued and havemy wages garnished for a repossession that happened 12 years ago?
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Can I be sued and havemy wages garnished for a repossession that happened 12 years ago?
Asked on July 31, 2011 Indiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can always be sued but the question is if the case could be dismissed for a statute of limitations violation (in other words, is the lawsuit itself barred by the statute of limitations running in your state). The statute of limitations tells you how long you have to sue someone (bring a claim) for the act that brought about or is the subject of the lawsuit. If your car or personal item was repossessed more than probably 10 years ago (thinking written contract), then the statute of limitations has most likely run in your state. If the collection agency who probably bought the debt is now trying to come after you, do not reaffirm or confirm the debt. If you do, it gives legal cause for the collections agency to sue you and win because the statute of limitations starts over again. Tell the company you do not owe the debt and file a dispute with the credit reporting agencies on which this debt is reported.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can always be sued but the question is if the case could be dismissed for a statute of limitations violation (in other words, is the lawsuit itself barred by the statute of limitations running in your state). The statute of limitations tells you how long you have to sue someone (bring a claim) for the act that brought about or is the subject of the lawsuit. If your car or personal item was repossessed more than probably 10 years ago (thinking written contract), then the statute of limitations has most likely run in your state. If the collection agency who probably bought the debt is now trying to come after you, do not reaffirm or confirm the debt. If you do, it gives legal cause for the collections agency to sue you and win because the statute of limitations starts over again. Tell the company you do not owe the debt and file a dispute with the credit reporting agencies on which this debt is reported.
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