Old debt suet

cont. Meant to mention I was also supposedly served papers in 2007 and someone signed for me stating they are my sister. The papers were sent to an old addresse I had and Im guessing the tenant after me signed and said they were a family member(sister) but I do not have anyone in my family with the name they gave and my sister lives in another state so I know she did not receive them. and now their the ones trying to sue me for the debt from 2004 Is there anything I can do to fight this?


CiCi

Ok I am a little confused, could you please clarify: were you sued in 2007 and have a judgement against you, or are they suing you now? If you were already sued, you file a motion to vacate due to improper service.

If you are currently being sued, first make sure you are being sued in your local courthouse and simply file your answer that it is a time barred debt. (depending on your state, but 8 years is a long time and I can't think of any state with a SOL longer than that.)

Quote:

wow I love Texas and our 4 year SOL.
I meant it literally that I couldn't think of the ones with long SOL off hand, but yeah...would need to know what state it is to see if it is one of those.
BUT even in one of those states with the ridiculous SOL, would be very easy to fight it as you simply ask for documentation in discovery. I doubt they would have documentation that old.

Come to think of it...a letter of suit? Could you be a bit more specific and give us some details? Did you get served with court papers, or did you get a letter saying you were going to be sued? Also give us some more details about the account in question and what state you are in.

The bill was incurred in 2004 it is an old hospital bill. And according to the collector I was served papers in 2007 they sent them to an old addresse and the new tenant accepted the papers and said she was my sister I don't know who she is. I didn't even know I was sent papers until now. I received a letter stating they are going to sue me for the charge. I called them to tell em it was an old debt and thats when they told me why dont you ask your sister for help. And I explained that she was not my sister and I don't know who she is nor do I know why she accepted the papers. So they told me they want to garnish my checks but fortunately I don't make enough for them to garnish my wages so now their trying to file a Lawsuit against me for the bill.

I reside in the state of CO. And I was told from some family members that it was considered old debt so they cant come after me for it anymore.

It sounds like they already sued you....have you checked your credit report or looked at the online court dockets??? It sounds like they are going to attempt garnishment at this point.

The debt was incurred in 2004...did you make any payments?? The colorado SOL would start from the date of your first deliquency, not the date the debt was incurred.

You can motion the court to have the judgment set aside for improper service. You will need to prove to the court that you did not live at the address that the summons was served at.