Beyond Statute

[Debra Smith]

Jurisdiction

Ohio

My wages are being garnished. The supposed debt took place in 2003. That is 14 years ago. I believe it is way beyond statute. How can I find out what it is and stop the garnishment? I was never advised about the garnishment although Palisades Acquisition states I was notified. They claim the residence was vacant. I have lived in the same place for 12 years, if they can find my job, they should be able to find me. What can I do?

 

[mightymoose]

You will need to contact the court that issued the judgment to obtain whatever records are available. You;ll want proof of service documents and the judgment itself at the minimum.
If the judgment was made recently you might have an option to appeal... maybe. The court clerks office should be able to tell you of that is still an option.
If you can afford legal counsel you should start there- things will get done much faster if you have someone working for you who knows what to look for and where to find it.

 

[adjusterjack]

The Ohio statute of limitations for a lawsuit based on a written contract is 8 years, 6 years for an oral contract. If you were sued prior to 2011 or 2009 respectively, then the lawsuit was timely and the judgment is good for 21 years after that.

Many debtors report being sued without knowing it. That could happen when you are served at your last known address and the occupant just tosses it. Then the creditor skip traces you years later.

You won't know until you get the case file.