I received a subpoena in the mail from an attorney concerning a judgment entered against me on 4/13/92. It’s in the amount of $4,642.12 plus cost and interest leaving a total now of $7,253.30.
I don’t remember how or if I got served in ’92. I moved from place to place back then and don’t remember if they were able to find me. But, eventually over the years they did find my address and have been sending me letters concerning the debt, but I just ignored them. I was self employed , lost the business and just worked off and on over the years. I could not pay the debt, so I ignored the letters. Eventually they stopped until now when I got the subpoena.
I am in the process of trying to get it vacated, but I’m not sure the reasons are valid.
As I said earlier, I do not remember being served. Also I’m not sure this debt is legal.
Here’s the story. In 1988 I was in detox for 3 days. The counselor I spoke to back then, and I don’t even know her name or if she is still there, told me it was a federally funded program and I would not have to pay. I had no job at the time. If I did have a job I would not have been accepted. I don’t have or remember signing any papers saying I will eventually have to pay the government.
The plaintiff on the subpoena is the hospital I was in, even though it’s from an attorney who probably took over the case.
Do I have a leg to stand on? Do I have the right to ask for copies of anything I signed, if any, from the attorney? Is it legal to charge all that interest Do you think these are valid reasons to vacate a Judgment or do you think I should just forget about the whole thing because I haven’t got a leg to stand on? Is there a Statue of Limitation on this?
This is long, but any suggestions would be very helpful.
Thanks,
Sportster

K_3

A judgement does have a time frame, they can keep renewing it. You have every right tp ask for paperwork concerning the debt. More than likely they will take an offer if you can afford it. Get the paperwork before you do anything.

excon

Hello sport:

Discussing the reasons you HAD to fight the suit, is like discussing the reasons your girlfriend got pregnant. It doesn't matter.

There are no statutes of limitations, but judgments do have a lifetime. If they're not renewed before they die, you're off the hook. However, these bottom feeders look like they're gonna dog you for the rest of your life.

I think you're gonna have to talk to them. Unless of course, you're still moving from place to place, and don't really have a job or own property - then you can tell 'em to stick it!

excon

sportster

K 3 & excon, thanks for replying. Excon, I do have a permanent place to live now and although I don't own anything, not even a car, I do have a job that doesn't pay all that well. That's why I want to get the judgment vacated, so they don't garnish my salary.
Thanks both for your help,
Sportster

s_cianci

There is no statute of limitation. Certainly I would demand copies of any and all pertinent documentation from the attorney who sent you the letter. Ultimately you'll probably need to consult with your own attorney who can advise you on how best to get this straightened out.

ScottGem

The fact that you repeatedly ignored letters and attempts to collect is NOT going to sit well with a judge. Its too late for you, but ignoring a debt does NOT make it go away.

Yes you can and need to demand proof of this debt. But not reading the fine print is also not an excuse.

You really need to consult an attorney about your rights here.

sportster

Thank you all for your replies.You were all helpful in letting me realize I should consult a lawyer.
Thanks again

Sportster