Legal Question in Consumer Law in Kansas

I allegedly wrote a check for 26.00 in 2001 to a gas station in KS. The last entry to the court docket, "FILE STAMP 2/12/2008, ENTIRE FILE SCANNED THIS DATE; COURT FILE DESTROYED" When moved back to the state where this allegedly occurred. i have been receiving collection calls and letters. demanding over 700.00. The statute of limitations is 6yrs i thought in Kansas?, The latest entry now states affidavit for renewal. What do i do,?


Asked on 6/04/15, 8:12 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Statutes of limitation control when something can be pursued through the Court. It appears in your case that the plaintiff may have satisfied the first one by suing you, and obtaining a judgment. If the Court had jurisdiction over you, the statues control how long they have to collect that judgment. When that period is about to expire, the judgment creditor can file their affidavit to renew. If they miss that date, they have two years to get the Court to rule favirably in theur Motion to revive the judgment.

Have your attorney look to see if there was jurisdiction over you fur the judgment. Also, have them look to see if the judgment creditor waited too long to just file the renewal affidavit.

Good luck

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Answered on 6/05/15, 4:23 am


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