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: 33555
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

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: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months 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 9 months ago.

Is there a specific question with which I can assist?

Customer: replied 9 months 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 9 months 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 9 months ago.
I can't afford to call you sorry
Expert:  Dwayne B. replied 9 months ago.

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

Customer: replied 9 months ago.
Can they take me to court?
Customer: replied 9 months ago.
garnish my wages?
Expert:  Dwayne B. replied 9 months 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:

Customer: replied 9 months ago.
What is properly assert the defense?
Expert:  Dwayne B. replied 9 months 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 9 months ago.
Thank you, ***** ***** have no idea how to do any of that.
Expert:  Dwayne B. replied 9 months 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 9 months 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.