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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 9872
Experience:  30 years experience corporate, litigation, international
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Car repo during a divorce approx 1999. Heard nothing from the

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Car repo during a divorce approx 1999. Heard nothing from the collector untill last year when I went to the store make a purchase and found my bank account empty. I called the bank legal and they gave me the collector number. I called and asked her to give me informaion in writing and if I could make payments, she said no and she would contact us in decmber. She never tried to reach us again. We called and left several messages, she did not return. Original court was Riverside. Today my husband recieved a wage garnishment paper fron his work. this time filed in L.A. The address listed of mine on the court papers is his parents. His parents have not recieved any mail or service. Neither have we. Is this Legal? How can we stop her? what is statue lmitations on this debt? I beleve the original amount requested was approx $2000.00, she already took over a thousand. now in L.A she says I owe 1,800.00 and is charging daily interest. How do I even know what I owe her?
Submitted: 7 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 7 years ago.
The statute of linmitations for debt collection is not more than 4 years. However, if the debt collector obtained a judgment a judgment is good for 20 years. You need to contact the court in which the judgment was entered. You should be able to find that out from the wage garnishment or the original levy at your bank.

If you were not served with the notice of the suit, you should immediately move to vacate the judgment on the ground of lack of service of process. If you can afford an attorney the attorney can do it. If you cannot you can make the motion yourself. You can call the clerk and they will give you guidance on how to file the papers you need to file.

Do not delay in taking action.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Customer: replied 7 years ago.
I see the original was stated to be filed 2002. what does a motion to vacte do and can we ask for payments? will she just sue again? Which court do I reply Riverside the first withhold or L.A. the most recent?
Expert:  Richard - Bizlaw replied 7 years ago.
You need to contact the court where the case was originally filed. Find out if and when a judgment was entered. The motion to vacate is designed to invalidate the judgment and give you an opportunity to defend against the action. If you can show that service was never made, you may have a statute of limitations defense which would cancel the debt altogether. Even if the statute of limitations defense was not successful, you would have some leverage to negotiate an agreement as the case would start all over from the beginning.

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.