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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32349
Experience:  Began practicing law in 1992
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Statue of limitations on dept. Court actions. I was told

Customer Question

Statue of limitations on dept. Court actions. I was told that the limit on a dept has been meet and that I can't be taken to court over a dept
JA: Since laws vary from place to place, what state is this in?
Customer: Iowa
JA: Has anything been filed or reported?
Customer: I just had a phone call from a collection Co. And that if I don't pay it off today then they will proceed.
JA: When we are ready I'll take you to the appropriate web page.
Customer: Ok thanks ready
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of. Thank you
Submitted: 23 days ago.
Category: Legal
Expert:  Dwayne B. replied 23 days 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.

Expert:  Dwayne B. replied 23 days ago.

Is there a specific question with which I can assist?

Customer: replied 23 days ago.
Statue of limitations on dept. In Iowa, I received a letter stating that the limit has been meet. But now I am getting calls from a dept collection agency wanting full payment now or they will take me to court. I have been trying to pay off these debts but it is a slow process.
Expert:  Dwayne B. replied 23 days ago.

I'm not sure what you mean by the word "dept." that you keep using. Are you asking what the statute of limitations is on debt?

Customer: replied 23 days ago.
I can't afford to call you sorry
Expert:  Dwayne B. replied 23 days ago.

That's an email from the website, don't worry about it.

Customer: replied 23 days ago.
Can they take me to court?
Customer: replied 23 days ago.
garnish my wages?
Expert:  Dwayne B. replied 23 days ago.

Yes, if you owe them money. The statute of limitations on an oral contract is 5 years, the statute of limitations on a written contract is 10 years. However, the statute of limitations is an affirmative defense. What that means is it doesn't prevent them from suing you, it just means that if you properly assert the defense then the court shouldn't grant a judgment.

Yes, a creditor can garnish a certain amount of your wages in Iowa once they get a judgment. The amount they can garnish is explained in this article:

https://www.nolo.com/legal-encyclopedia/wage-garnishment-laws-iowa.html

Customer: replied 23 days ago.
What is properly assert the defense?
Expert:  Dwayne B. replied 23 days ago.

You have to place it in your pleadings, explain the exact dates involved, state that it is an affirmative defense, and attach an affidavit backing up the dates.

Customer: replied 23 days ago.
Thank you, ***** ***** have no idea how to do any of that.
Expert:  Dwayne B. replied 23 days ago.

Filing an Answer in a civil case requires some knowledge of what you are doing. The explanation I gave above explains exactly what has to be done, but you still have to file an answer. Most people hire a lawyer to file or at least draft the documents.

For some reason, people have started believing that answering a lawsuit is just filing a piece of paper and that no legal knowledge is required and that just isn't correct. You still have to do research and learn what all must go in the filings or else hire a lawyer to prepare and/or file the paperwork.

Expert:  Dwayne B. replied 23 days ago.

Certainly you could learn how to do it yourself, but it isn't really something that can be just explained in a single question. Perhaps in a series of questions and, in addition, some local attorney and some experts on here will draft the documents for you.