Statute of limitations?

[amber10_79]

What is the name of your state (only U.S. law)? Oregon

I had a debt from delivering my son in Astoria, Oregon; that his father never paid the balance of (which was the agreement). That was in 1997. Suddenly, I'm getting calls from a collection agency, saying there's a judgement against me and that they're taking me to court. It's been well over ten years, and he said that I was served with papers in April of 2000 (though I don't recall anything like that). I told him that was a decade ago, and I'd like to see paperwork on the current state of the debt. When it was accrued, where, balance, etc. He told me to 'come and get it' (which is on the complete opposite end of the state from me). He couldn't tell me the name of the judge, guessed at which court it was out of, and offered me absolutely no information; and, of course, was unwilling to even provide me with any information, except to say that the 'judgement' is good for 20 years and that 'his boss' would only give me another month before I'm in court. Huh?

Isn't the statute of limitations long since expired on this, and what can I do? I'm laid off, not receiving unemployment, with no income at the moment. I have nothing to put towards this debt, and the father was supposed to pay the balance (which he obviously did not). Suggestions would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[musze007]

where did you live in 1999/2000?
go to the county court there and give them your name hopefully they can do a search and tell you of any judgments or pending suits (maybe you can call the court)
i personally wouldn't talk to a collection agency on the phone they'll try to get you to admit to all sorts of craziness.

 

[racer72]

Isn't the statute of limitations long since expired on this,

You are dealing with 2 different statutes. The SOL for civil debts is 6 years, you were sued well within this time period. And as told by the CA, the SOL for judgments is 10 years and they can be renewed for another 10, which is likely what happened to you and why the CA is after you now. As for what to do now, it's either pay the debt or you can file for bankruptcy.

 

[amber10_79]

One of my main concerns is that he had no information to give me, except when I was 'served'. He guessed at which judge, and what court, couldn't tell me the balance, or even when the debt was initiated. Then he told me to 'come and get it' if I wanted paperwork on it! Don't they have to provide me with paperwork of my debt and the paper trail of it? I'm not going to pay on something until I have proof that I owe it! And I can't just go and get it, it's on the other side of the state! How do I get the papers I want without driving for 20 hrs round trip to get it?

 

[amber10_79]

I'm not going to pay on something until I have proof that I owe it!

I had health coverage when I was pregnant and delivering, so there should not have been a remaining balance in the first place.

 

[Zigner]

And I can't just go and get it, it's on the other side of the state! How do I get the papers I want without driving for 20 hrs round trip to get it?

The US Postal Service can do the driving for you

 

[amber10_79]

The US Postal Service can do the driving for you

That's just it. I asked him to send me the info via mail, since he had no info on the phone, and that's when he said to 'come and get it'. So what am I supposed to do now? I can't go up and get it (and shouldn't have to, since it's their responsibility to prove the debt is actually mine), and they won't mail it to me.

 

[Antigone*]

What is the name of your state (only U.S. law)? Oregon

I had a debt from delivering my son in Astoria, Oregon; that his father never paid the balance of (which was the agreement). That was in 1997. Suddenly, I'm getting calls from a collection agency, saying there's a judgement against me and that they're taking me to court. It's been well over ten years, and he said that I was served with papers in April of 2000 (though I don't recall anything like that). I told him that was a decade ago, and I'd like to see paperwork on the current state of the debt. When it was accrued, where, balance, etc. He told me to 'come and get it' (which is on the complete opposite end of the state from me). He couldn't tell me the name of the judge, guessed at which court it was out of, and offered me absolutely no information; and, of course, was unwilling to even provide me with any information, except to say that the 'judgement' is good for 20 years and that 'his boss' would only give me another month before I'm in court. Huh?

Isn't the statute of limitations long since expired on this, and what can I do? I'm laid off, not receiving unemployment, with no income at the moment. I have nothing to put towards this debt, and the father was supposed to pay the balance (which he obviously did not). Suggestions would be greatly appreciated.What is the name of your state (only U.S. law)?

You need to find out if in fact there is a judgement against you. You should start by calling the courts in the area you lived back in 2000. If there is not judgement, tell the collector to pound sand.

 

[TwistedLisa]

First of all, if there is a judgment against you, it's already decided. SO his claim "taking you to court" is bogus. The only thing that can be done with a judgment is a garnishment order.

I believe (though not totally sure) that if the statute of limitations has run on this debt, if he can get you to pay "something" to "keep it out of court" then you RENEW the debt no matter how long ago the time ran out.

Call or go down to your local courthouse. Have them look you up, (it's public records) most states have a State Database of all the courts so no need to go to the specific courthouse. (Calling your local courthouse would verify this)

 

[Zigner]

First of all, if there is a judgment against you, it's already decided. SO his claim "taking you to court" is bogus. The only thing that can be done with a judgment is a garnishment order.

Really? So you don't think they can head back to court to renew the judgment, or request further garnishment orders?

I believe (though not totally sure) that if the statute of limitations has run on this debt, if he can get you to pay "something" to "keep it out of court" then you RENEW the debt no matter how long ago the time ran out.

Or, the creditor can sue, then our OP will have to defend herself (assuming that there isn't, in fact, already a judgment).

Call or go down to your local courthouse. Have them look you up, (it's public records) most states have a State Database of all the courts so no need to go to the specific courthouse. (Calling your local courthouse would verify this)

That is correct.