Legal Question in Credit and Debt Law in Florida
We had a car repo in 2003, a judgement was filed 08/2004, we have never been contacted again about any payback of the balance owed.
On 10/01/11 we received a notice of taking deposition along with fact imformation sheet to fill out, we filled it out and sent it in, this week we received a subpoena duces tecum for deposition in the office of court reporters.
My question is can they still get a wage garnishment, or make us pay this back after 7 years, what are our options.
We live in Florida.
2 Answers from Attorneys
Depending on the specific language of the Judgment Order granted in 2004, the creditor may obtain a wage garnishment or other levy on your property. It is not explained as to why the collection action was delayed for seven years, but it appears that the creditor, based on the deposition which will require you to provide information regarding property, employment, etc., will pursue collection action against you.
You should obtain an attorney. YOu may not be responsible for this. Allowing yourself to be brought in on a suit may give them the opportunity to renew the judgment against you. Usually oral agreements expire after 4 years and contracts after 5 unless they have been renewed.
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