Legal Question in Civil Litigation in California

I had a vehicle repossessed in Utah in 2008 while I was working overseas. Unbeknownst to me, the original Creditor was successful in a Judgment for the outstanding balance for over $8000.

Upon my return from overseas in late 2010, I knew nothing of this debt. I was obviously never served any papers or ever contacted. I only discovered in early 2014 that an Attorney had failed to successfully execute a Garnishment of my wages as I had left that Employer just prior to them contacting my Employer.

I have recently gained employment again and upon buying a car, I've tripped something with the Credit Bureau's again and this Attorney has once again sent a letter to my new address and is threatening to enforce the judgment.

Hasn't this debt reached it's statute of limitations? The original default of this debt was incurred in May 2008! I'm tired of feeling harassed and stalked by this Attorney.

I know there were several rights I was not afforded originally with this debt. I know for example there is some right for first look to obtain the vehicle back which I was not afforded. I know that the original debtor claims I was properly served, which is impossible considering I was working at the time in Eastern Europe!

What are my legal rights and options for this case? Can I not get this squashed, thrown out or at least suspended until such time as I have the opportunity to defend myself properly in this matter?

Thanks,


Asked on 12/01/14, 10:17 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

This is a judgment and not subject to statute of limitations. In California judgments are good for 10 years and can be renewed. You should hire a lawyer to review the case to see if the judgment can be vacated. If not your options are (1) pay the judgment after trying to negotiate a reduction; (2) fight the garnishment if the wages are low and there is a legitimate claim of hardship; or (3) file for bankruptcy.

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Answered on 12/02/14, 9:24 am


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