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being sued for a 9 year debt

Submitted by on Tue, 10/23/2012 - 05:43
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I had a credit card in 2001 when I was 19 it went to collects in 2003. It is no longer on my credit report and now I have a lawyer trying to take me to court and garnish my wages for it. Is this legal? As of September 12th 2012 this debt is no longer on any of my credit reports and it???s over 9years old. I have noticed that they are a firm located out of Indiana and they keep sending papers to my mother house out there. They do not have my current address. I am now located in Georgia. Are they still able to sue me for this debt? Do I have options?


when was the last payment made?the SOL for both georgia and indiana is six years so unless the last payment was 2006 this is past SOL.btw who is this law firm?how long have you lived in georgia?they must sue in your town,county,village,or bourough so it sounds like they are trying to collect on a "time barred"debt.won't know until you can answer my questions though.


Submitted by paulmergel on Tue, 10/23/2012 - 05:49

paulmergel

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Is it possible that the poster has already been sued and the attorney is legitimately trying to pursue the garnishment? To the poster...you need to check court records to see if you have already been sued. If you were sued 7 years ago it would no longer appear on your credit but the judgment would still be valid...Indiana judgments are good for 20 years.


Submitted by SOAPLADY on Tue, 10/23/2012 - 06:50

SOAPLADY

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but isn't GA non-garnishment?that is where the OP currently resides.i would think the courts,and lawyer would know this,but again that is why i asked how long they lived in GA?i wish the OP would return to answer these questions.


Submitted by paulmergel on Tue, 10/23/2012 - 07:00

paulmergel

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my last payment was in 2003 at the lastest. the law firm name Wright andn Lerch. I lived in GA since May 2012. What do "Time barred debt"mean


Submitted by on Tue, 10/23/2012 - 09:49

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You need to check the court records for Indiana to see if you have already been sued....if they are already talking about garnishment it is possible you were already sued and they are now pursuing garnishment. Did you receive a summmons?? If so, did you answer it? Show up in court. Check the court records.


Submitted by SOAPLADY on Tue, 10/23/2012 - 09:58

SOAPLADY

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the firm is located in indiana and they think i live there, thats why they keep sending letters to my mother address (where i use to live) they did have a hearing date but after my mother sent the court a letter stating i dont live at that address it was dismissed but they are still trying to locate me. this is a very old debt. this should be illigel


Submitted by on Tue, 10/23/2012 - 10:21

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sorry,but if there was a judgement the court,and they would know not only where you live now,but also where you work.sounds like they are reaching here.you send the FOAD letter as any action taken now could be dismissed,or vacated easily.this is past SOL and they know it.a quick search showed they have been sued in the past for this very thing so i would keep an eye out and be prepared,but just know they are reaching and can be sued themselves.get the FOAD letter out from your address not your mothers.


Submitted by paulmergel on Tue, 10/23/2012 - 10:38

paulmergel

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it is a F**K OFF AND DIE.a stronger version of a c&d.chances are there is no court action and if there was you can have it dismissed again due to it being time barred.send the letter certified mail return receipt.check the court clerk site for your former home in indiana.again this law firm has been sued for this very thing before so they really don't play fair.


Submitted by paulmergel on Tue, 10/23/2012 - 11:00

paulmergel

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