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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
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Experience:  Practing General Attorney,
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I have a hearing tomorrow in civil plenary court in Indiana

Resolved Question:

I have a hearing tomorrow in civil plenary court in Indiana for a judgement entered 1998. It is now 2009 and I plan to use the Statute of Limitations as my defense. The original creditor was a bank (car loan) who sold to an attorney who is now wanting to collect interest since 1996 when the car was repossesed. Do I have a chance? I do not have a lawyer. Thanks
Submitted: 7 years ago.
Category: Legal
Expert:  Daniel Solutions replied 7 years ago.
Unfortunately judgments are valid for a period of 20 years in Indiana so the judgment would not expire until 2018. The Judgment can be renewed for an additional period in 2018 if the application to renew is made prior to it's expiration.
Customer: replied 7 years ago.

My understanding is that a Judgment in Indiana for written agreements are time barred in 10yrs?

Expert:  Daniel Solutions replied 7 years ago.
Unfortunately you're mistaken. You must be thinking about IC 34-11-2-11 Written contract actions, which does have a 10 year limitation but if you look at the statute you will see it does not apply to debts involving the repayment of money. You have a loan which does involve the repayment of money so that is the wrong statute to apply. The limitation period is 20 years and I have posted the wrong statute which I assume you're thinking about as well as the correct statute below showing the 20 years.

IC 34-11-2-11
Written contract actions
     Sec. 11. An action upon contracts in writing other than those for the payment of money, and including all mortgages other than chattel mortgages, deeds of trust, judgments of courts of record, and for the recovery of the possession of real estate, must be commenced within ten (10) years after the cause of action accrues. However, an action upon contracts in writing other than those for the payment of money entered into before September 1, 1982, not including chattel mortgages, deeds of trust, judgments of courts of record, or for the recovery of the possession of real estate, must be commenced within twenty (20) years after the cause of action accrues.


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As added by P.L.1-1998, SEC.6. Amended by P.L.14-2000, SEC.69.

IC 34-11-2-12
Satisfaction of judgment after expiration of 20 years
     Sec. 12. Every judgment and decree of any court of record of the United States, of Indiana, or of any other state shall be considered satisfied after the expiration of twenty (20) years.
As added by P.L.1-1998, SEC.6.


Customer: replied 7 years ago.

 

One more question and I will accept! What would be the best thing to do in this situation. If the statute of limitations cannot be used, do I just have to pay? It's been so long ago and the original debt holder dropped the case years ago. It just seems unfair.

Expert:  Daniel Solutions replied 7 years ago.
The best thing would be to attempt an out of court settlement/repayment plan if possible. If that's not possible then unless you have a valid defense to the original debt there are no other options to defend against the judgment. Sorry.
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