QUESTION
How can I be sued for a debt that is over ten years and my wages be garnished without me being summoned to court?
Asked on Oct 16th, 2012 on Bankruptcy - Michigan
More details to this question:
I filed bankruptcy and could not pay my lawyer because I lost my job and was homeless for over four years. Now 11 years later he sued me garnished my wages without me even knowing.
4 ANSWERS
Dennis P. Mikko
This should not have happened. There is a 6 year statute of limitation on a contract action. If you were sued, you should have been personally served. If that did not happen, you should challege the judgment and garnishment. Review the court file and see what evidence of service on you is in there.
Answered on Oct 18th, 2012 at 6:37 AM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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There are so many questions with regards to this rather complex fact pattern. Talk to an experienced bankruptcy attorney in the state where you live.
Answered on Oct 17th, 2012 at 1:18 PM
Insurance Litigation Attorney serving St. Petersburg, FL
Partner at
Gallagher & Associates Law Firm, P.A.
3 Awards
At some point you had to get served with a summons in order of a court to enter a garnishment order. Do you ever recall a time when you received a lawsuit from a process server?
Answered on Oct 17th, 2012 at 1:01 PM
The statute of limitations precludes claims that arose more than 2 - 3 years ago; you need to use the Statute of limitations bars recovery in your list of "affirmative defenses." The affirmative defenses are listed when you answer the complaint.
Answered on Oct 17th, 2012 at 12:14 PM