What's next step?

My wife just recieved a "Summons in Garnishment and Affidavit in Garnishment" From a lawyer representing a collection agency for a car reposessed 11 years ago (5 years before we were married). The loan was in Iowa, we live in South Dakota. This is the first contact from them in over 10 years. I believe the SOL in both states has run out. What is our next move?
Any help is greatly appreciated!

[I AM ALWAYS LIABLE]

Originally posted by ttidtmyh
My wife just recieved a "Summons in Garnishment and Affidavit in Garnishment" From a lawyer representing a collection agency for a car reposessed 11 years ago (5 years before we were married). The loan was in Iowa, we live in South Dakota. This is the first contact from them in over 10 years. I believe the SOL in both states has run out. What is our next move?
Any help is greatly appreciated!

My response:

First, the Statute of Limitations in Iowa is 10 years on written debts, measured from the date of signing. The South Dakota Statute of Limitations has nothing to do with this matter. But, in any event, the S.O.L. is no longer the issue. And, even if is was an issue, it's an "affirmative defense" that must be pled by a defendant (your wife) in a response to the lawsuit. If the S.O.L. is not pled, the court will pay no attention to the S.O.L.

They already received a judgment by suing her, and when she didn't show up in court, they received a judgment. They undoubtedly had the Summons published in a newspaper nearest to where she used to live in Ohio, because they couldn't find her.

But now that they have a money judgment, they spent the extra money and effort to find her in South Dakota, had the judgment "domesticated" under S.D. law, and are now going after her income and bank accounts.

There's really nothing you can do at this point.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-07-2001 at 11:04 PM]

Thanks for the quick response. Even thou the state was Iowa not Ohio I still get the message.

[I AM ALWAYS LIABLE]

My response:

You're correct. For the sake of clarity and for those reading this post, I made the corrections.

My discussion and the result remain the same.

Good luck to you.

IAAL