Is there a statute of limitations on debt collections?
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Is there a statute of limitations on debt collections?
I was wrongfully evicted from a lot that I was renting 4 years ago. The landlord refused payment because he did not want my 3 year old grandchild, who he thought was half African American, living in his trailer court. I fought the eviction which took 3 months. The lot rent was $150 a month but I was told to pay $1200 to him. I am totally disabled and I own no cars, property, are any bank accounts. I have no way to pay this debt. Now he has an other attorney who says if I do not come to his office and give a deposition I can be held in contempt of court. What recourse do I have?
Asked on July 24, 2011 Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The statute of imitations has to do with the time period in which a lawsuit must be brought. And in this case a suit as not only been brought but won by your former landlord (and a judgement was issued). So the SOL does not apply here. Additionally, you have been summoned to appear for an examination as to your assets. In other words, your ex-landlord (and his attorney) are trying to find out what you own of value. This is so they they can seize them in order to satisfy the $1,200 judgement. The fact is you have nothing of value but you still have been summoned to appear. If you don't you could be found in contempt of court (the summons is a court order). In civil cases of this nature not much if anything is usually done to a debtor. Yet, that's not to say nothing will be done. You could end up owing fines/fees. Bottom line, you might as well get this over with. You have nothing to hide.
Note: You do have the right to bring an attorney with you, that is if you can afford one.
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