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My daughter and her husband signed for a vacuum cleaner 13…

Customer Question
Hello. My daughter...

Hello. My daughter and her husband signed for a vacuum cleaner 13 years ago. Electrolux want to come after me to pay this debt of $4000.00 plus interest of $4000.00. Can they come after me after 13 years for this debt. They have threatened to garnish my wages.

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

New York

Lawyer's Assistant: Have you contacted the manufacturer?

NO.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just does the statue of limitations apply to this of 6 years?

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/11/2017
Lawyer: LegalKnowledge, Attorney replied 11 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,841
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 11 months ago

Good afternoon. Did you sign the contract? How do they know you are even related to them?

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Customer reply replied 11 months ago
my husband and I signed the contract.
Lawyer: LegalKnowledge, Attorney replied 11 months ago

Yes, the statute of limitations to sue under a contract, is 6 years. If 13 years have passed, you could raise this as a defense, if they try and sue you, for the debt, under a contract claim. It is possible that they are trying to collect on this and hope you pay and that the debt was bought for pennies on the dollar. They can try and come after you BUT if they do, you can raise the SOL as a defense.

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Lawyer: LegalKnowledge, Attorney replied 11 months ago

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Customer reply replied 11 months ago
I am a little confused.. She did call a local attorney today and he told her that they have 20 years to be able to come after her. Is there a way to confirm if this is correct or not?
Lawyer: LegalKnowledge, Attorney replied 11 months ago

Thank you for the reply. If they are claiming that they have 20 years, it would mean that they already sued and have a judgment. To enforce a judgment and go after a party, there is a 20 year SOL, so you would need to find out when they filed the lawsuit and how they obtained a judgment if you were never served and placed on notice and given a chance to defend this, as you my have to go back and vacate the judgment.

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Lawyer: LegalKnowledge, Attorney replied 11 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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