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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34516
Experience:  30 years experience in general legal matters.
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I am now being sued for debt I made over 20 years ago. I am

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I am now being sued for debt I made over 20 years ago. I am sure that I settled on all my debt, but because it was so long ago, I no longer have the documents to prove that I did. What can I do at this point to prevent lawsuits and wage garnishments?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

The statute of limitations in California for contract claims is 4 years for written contracts and 2 years for oral contracts. Therefore, you should be able to get the case dismissed on the basis of the expiration of the statute of limitations. You would file a motion to dismiss as your response.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

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Thank you.

Customer: replied 4 years ago.

How do I file a motion to dismiss. And is there anything I can do about a prior wage garnishment that was the similar situation?

Thank you for following up with me.

A motion to dismiss is filed by drafting the motion, a simple statement that the claim against you is over 4 years old and is barred by the statute of limitations.

File it with the clerk of the court and serve it on the plaintiff.

How old is the other case? How old is the judgment?

Thank you.

Customer: replied 4 years ago.

The other debt was over 20 years old as well and I had wages garnished about two years ago.

Customer: replied 4 years ago.

Also, I have received a copy of a substitution of attorney. What exactly is this document and am I expected to do something with it?

Unfortunately, default judgments over two years old are most challenging to convince the judge to set aside. You will need to go to the courthouse, order the case file and copy all of the relevant documents.

Then you will probably need to retain a local attorney to vacate the judgment and then get it dismissed based upon the statute of limitations. I do not think you will be able to do this yourself.

If you need help finding an attorney, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty.

Thank you.

Loren and other Consumer Protection Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you so very much for your help and advice.

You are very welcome. I am happy to have been of service to you and hope you found that service no less than excellent.

Thank you.


If you have not already do so, please remember to leave a favorable rating so that I am paid for assisting you.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, Lori, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 4 years ago.

Thanks, again. I will make certain to provide a high customer satisfaction rating.

That is very much appreciated.

Good luck to you.