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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28353
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My daughter and her husband signed for a vacuum cleaner 13

Customer Question

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.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: New York
JA: Have you contacted the manufacturer?
Customer: NO.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just does the statue of limitations apply to this of 6 years?
Submitted: 1 month ago.
Category: Legal
Expert:  LegalKnowledge replied 1 month ago.

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

Expert:  LegalKnowledge replied 1 month ago.

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

Customer: replied 1 month ago.
my husband and I signed the contract.
Expert:  LegalKnowledge replied 1 month 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.

Expert:  LegalKnowledge replied 1 month ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 month 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?
Expert:  LegalKnowledge replied 1 month 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.

Expert:  LegalKnowledge replied 1 month 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!