How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33149
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I filed bankruptcy on a business in 2008 one of the accounts

Customer Question

I filed bankruptcy on a business in 2008 one of the accounts I included was a line of credit that Wells Fargo says I they had a personal guarantee on and they send me a cd proving that I did. I told them at that time I have no income except my social security. I live in Indiana and the statute of limitations on a verbal agreement is 6 years that was going on 8 years ago. I have recently been receiving calls from a collection agency stating they are going to go to court in Campbell County Ky. and get a judgment against me. I have not answered any of their messages as I have been waiting to get something from them in writing so I can have them send me a validation of the debt. If they send me validation I plan to then send them a letter stating the debt is expired and I am prepared to go to court and prove it but, I have received nothing but phone messages from them. My question is can they get a judgment in Kentucky when I live in Indiana, even though my business was in Kentucky I have never lived there. I would also like to know if they can go to court and get a judgment without notifying me in writing as to the time and the place. Also I live in Indiana and the law in Indiana forbids a creditor from attaching you home if the debt is only owed by 1 spouse. I do work temp jobs from time to time but my main income is social security I don't own a car or any other property. My husband and I have had our money separate for years my name is ***** ***** any of his accounts.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. My question is can they get a judgment in Kentucky when I live in Indiana, even though my business was in Kentucky Yes, venue and jurisdiction can be based on a variety of factors and residence is just one. If they are suing you based on a debt and the debt was incurred in KY then they can sue you there. There are other ways as well. If you do get sued in KY then you will want to contact a KY lawyer very quickly after getting served and let them interview you in detail to see if venue is proper in KY but it is certainly possible. I would also like to know if they can go to court and get a judgment without notifying me in writing as to the time and the place They aren't supposed to. They are supposed to sue you and then serve you with a copy of the petition and the citation giving you notice. If they don't do that then you can file a Motion to Vacate the Judgment and it should be granted. Also, they can't garnish your Social Security or any account in which the only money that id deposited is from Social Security. Usually collection agencies that are trying to collect on debts past the statute of limitations never actually file a lawsuit. They just threaten it. I am going to be offline for a little while. If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread and I will answer them when I return.