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Roger, Attorney
Category: Business Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I think that I have a handle on this now. I have created a

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I think that I have a handle on this now. I have created a Motion to Set Aside the Default Judgment and the related information. I am now creating the original response (had she been served properly). One of the items that I think I can contest is the Statute of Limitations on the Debt. The original Guaranty was signed in September of 1999. They demanded payment in February 2008 after she was divorced. During this entire period my wife had no material participation in the company. Can I claim that the Statute of Limitation on the collection of the debt had expired. I thought I read that it was 4 years? Can I claim that she wasn't making financial decisions on the newly acquired debt after 1999?
Submitted: 4 years ago.
Category: Business Law
Expert:  Roger replied 4 years ago.

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney here to assist you.

You can't do anything until/unless you get the judgment set aside. If you can accomplish that, you will then be allowed to file an answer and raise claims against the lawsuit - including any statute of limitations claim.

Roger and other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
I understand that we're not actually arguing now if we're liable for the debt, but in everything that i read it says that we need to submit a Responsive Declaration to the original summons at the same time as the Motion to Set Aside to determine merit for the motion. In the Responsive Declaration I would include the above arguments. Are they valid?

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