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MidwesternLady · Oct 4, 2007, 04:37 AM

Hello,

Back in August, 1996 a district court judgement was issued against me for a deficiency balance for a car I let go back to the dealer in 1996. I live in Iowa. The default judgement was entered 9.26.97 and here it is 10/3/07 and they are filing a garnishment against me. The SOL for Iowa is 10 years unless they file for a renewal in the last year which they didn't. I don't understand how they can issue a garnishment after the 10 years. I went to the online court systems records and there is nothing there about a renewal filing. What can I do? I didn't hear from this attorney for 8 years until the last year when I had to go to a judgement debtors exam. At the exam, I didn't even go in front of a judge and all the paperwork they subpeona'd I brought but they didn't even ask for it. All they asked was current address, where do I work and how much I made in the last 2 years. That was the end of August that they did that. So, Im confused about what I can do about this. Please help.

Thank you. :eek:

mr.yet · Oct 4, 2007, 04:51 AM

If they did not renew the judgment, File Motion to Vacate Granishment in the court of record and request a hearing. File MOtion to dismiss the judgment for SOL and Doctrine of Laches.

LACHES, DOCTRINE OF - Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense raised in civil actions.

Laches is derived from the French 'lecher' and is nearly synonymous with negligence.

In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity delay will also generally be prejudicial.

But laches may be excused from ignorance of the party's rights; from the obscurity of the transaction; by the pendency of a suit, and; where the party labors under a legal disability, as insanity, infancy and the like

ScottGem · Oct 4, 2007, 05:54 AM

First SOL doesn't apply here. SOL has to do with how long they have to seek legal remedy. However, if the judgement expired without renewal, then the garnishment order is invalid and you can file a Motion to Vacate on the grounds that the judgement expired.

However, I suspect that they have renewed and you just can't find a record of it.

MidwesternLady · Oct 5, 2007, 02:54 PM

I called the court house and there has been no renewal filed. After talking to somebody else who is a consumer attorney, they are telling me the judgement SOL in Iowa is 20 years! Everywhere I look this up it is 10 years and the last year they have to file a renewal. What the heck is the truth here?

ScottGem · Oct 5, 2007, 04:30 PM

I can't find anything specific. You might try asking the court. But if they are pursuing this I suspect they feel the judgement is still in effect.

MidwesternLady · Oct 6, 2007, 11:54 PM

When I asked the clerk, she just said she doesn't know. I want to find the SOL in the Iowa Code. I have searched and searched and I know I am just not putting in key words the way it needs to be. Have tried everything I can think of. I guess I just need to call another attorney Monday. I wish I knew how to settle with them for a certain amount and just pay it monthly until the amount is up. 20 years is very harsh I think.

ScottGem · Oct 7, 2007, 01:05 AM

Again, you aren't looking for SOL. SOL refers to the amount of time that a plaintiff has to file a suit. You need to find the amount of time that a judgement lasts before it has to be renewed and how long it can be renewed.

MidwesternLady · Oct 7, 2007, 09:42 AM

I have done that and all the information I could find was judgment 10 years with renewal having to be in the 9th year.

ScottGem · Oct 7, 2007, 01:54 PM

So I would go to the court and ask them to issue an injunction against the credit using the expired judgement. If they contact you again, tell them the judgement has expired.