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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30395
Experience:  Lawyer
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I have been issued a Notice of Presentation of Motion,

Customer Question

I have been issued a Notice of Presentation of Motion, Declaration and Order for Subpoena for the state of Washington. This is in regards ***** ***** old debt that happened in 2007. According to what I have read the statute for the state is 6 years. How and what do I need to file to 1.) stop the subpoena for my information and 2.) call to light the statute of limitations?
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
Have you ever seen a Complaint regarding this debt? Did they file a lawsuit and get a judgment? If not, what is the motion asking for?
Also, have you lived in Washington continuously since 2007?
Customer: replied 2 years ago.
The notice is stating on 8/26/15 at 1:15 there will be an order presented to the court for a declaration and order for subpoena (RCW 50.13.070) which I gather is an order to force my employer to provide records so they can garnish my wages. A case was filed in 2007 for this debt. What I understand is that the statue of limitations for collection on a debit is 6 years (§4.16.040(3)) Many years ago I am sure I received notices regarding this debt, I do not have any of those now.
Yes I have lived in the state the entire time.
Expert:  Lucy, Esq. replied 2 years ago.
The statute of limitations is how much time they have to FILE the lawsuit. It stops running on the date they file the Complaint and is not an issue after that. Once they have a judgment against you, unfortunately, they have 10 years to collect it. RCW 617.020. The judgment can be renewed for another 10 years if they make a request. It's possible they're trying to figure out now if you have any income/assets that would make it worth renewing the judgment.
So, if they DID file a case in 2007 and get a judgment, I'm sorry to say, there's no basis for stopping the subpoena. They have a right to the information they need to collect the judgment. If you have the slightest doubt as to whether they have a judgment, call the clerk of the court to find out. There should be a case number ***** the subpoena and the motion.
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Customer: replied 2 years ago.
I can see the case number, however the website does not list an outcome of the original case. If they do not have a judgement from that original case how does that affect me?
Expert:  Lucy, Esq. replied 2 years ago.
Call the clerk of the court after the lunch hour. They can tell you. It's unlikely that the case would've sat for 8 years without any activity or a judgment.
If there isn't a judgment, then you can file a Motion to Quash the subpoena, based on the fact that they don't have a right to any of that information until it's been proven that you owe the debt. And then you can request a trial and force them to prove that you have to pay that money. They may not still have the evidence after all this time.
Customer: replied 2 years ago.
I have to do it in writing and there is a fee so I will have to go to my courthouse.
Expert:  Lucy, Esq. replied 2 years ago.
you have to go to the courthouse to file a motion. But you should be able to find out over the phone if there's already a judgment.