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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36199
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I had a debt for advertising that I was told to sign for.

Customer Question

I had a debt for advertising that I was told to sign for. The company was closed by the state in 2008. Advertising company is trying to sue me personally for this debt from back somewhere between 2006 and 2008. It seams to me to be a little old for this. Is there a time limitation for this type of collection. I am on social security and don"t have the money.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I was working for a company in KY. The advertisement was Yellowbook . Ad was printed for the Cincinnati region. Suit is being brought thru the court in Cincinnati.
JA: Has anything been filed or reported?
Customer: Their law firm sent me a letter that a judgement has been rendered by the court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I cannot think of anything else at this time.
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you sign personally for the debt or as an agent of the company? (i.e. ***** ***** vs. ***** *****, Vice President of ABC Corp)

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Are you saying that they already sued you and got a judgment against you, or they are trying to sue you now, but a judgment hasn't been entered yet?

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Did you ever receive a summons for the lawsuit to come to court?

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thanks

Barrister

Customer: replied 4 months ago.
I was told to sign by the company. I didn't realize I was personally signing. In 2012 they backed me in a corner. I signed a agreement to pay $400 a month for 30 months. I then had a wreck in my car and after three years of treatment have been able to pay. I have retired. I get $970 a month.
Expert:  Barrister replied 4 months ago.

Ok, then they kind of have you stuck here because if you signed something in 2012, they have 8 years to sue you in Ohio for breach.

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However, if your only income is SS and you don't have other substantial assets, then you are essentially "judgment proof" because they can't collect on any judgment. SS and other retirement income is exempt under federal law from garnishment..

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So they may just be spinning their wheels unless you have other assets like non retirement savings or assets with equity in them that they could go after..

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thanks

Barrister