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| Thread ID: 106891 | 2010-01-27 04:45:00 | Statute of limitations / marital debt | bee (15594) | PC World Chat |
| Post ID | Timestamp | Content | User | ||
| 852484 | 2010-01-27 04:45:00 | Can anyone out there shed some light on how to defend myself from a collection agency that has just aquired a Judgement by default against me for a debt that is 13 years old and has been the sole responsibility of my ex husband ( His Car). I understand that here is some limitation but would appreciate any suggestion on how to proceed | bee (15594) | ||
| 852485 | 2010-01-27 05:25:00 | Probably asking a lawyer would be your best move, should imagine advice only wouldn't cost much :). | feersumendjinn (64) | ||
| 852486 | 2010-01-27 05:32:00 | Citizens Advise bureau would be free and this is just the kind of thing they are for :) IANAL however after 6 years I don't think they can go after you. |
razzarphenix (2626) | ||
| 852487 | 2010-01-27 05:34:00 | Also it looks like this was covered a few years ago: pressf1.pcworld.co.nz |
razzarphenix (2626) | ||
| 852488 | 2010-01-27 06:37:00 | Citizens Advise bureau would be free and this is just the kind of thing they are for :) IANAL however after 6 years I don't think they can go after you. Citizens Advice Bureau x2 LL |
lakewoodlady (103) | ||
| 852489 | 2010-01-27 07:47:00 | The Statute of Limitations means that a debt cannot be enforced 6 years after it was last acknowledged by the debtor. So if you are a joint debtor with your husband even though he kept the car, your liability continues. If he has acknowledged the debt within the last 6 years you may have a problem. For a judgement by default to be entered against you, there must first have been court proceedings served on you. That was the point to take action. You have a significant problem. You'll need to apply to have the judgement set aside and to try that (may be unsuccessful) you'll need a lawyer. Best of luck. |
Winston001 (3612) | ||
| 852490 | 2010-04-12 07:55:00 | The Statute of Limitations means that a debt cannot be enforced 6 years after it was last acknowledged by the debtor . So if you are a joint debtor with your husband even though he kept the car, your liability continues . If he has acknowledged the debt within the last 6 years you may have a problem . For a judgement by default to be entered against you, there must first have been court proceedings served on you . That was the point to take action . You have a significant problem . You'll need to apply to have the judgement set aside and to try that (may be unsuccessful) you'll need a lawyer . Best of luck . I just had my hearing to have the judgement set aside and the magistrate has given me 14 days to find some legal argument to back up my point that the debt is not mine but my ex husbands because he assumed and serviced the debt for over 10 years . Where do I start looking? There must be some precedent some where out there! |
bee (15594) | ||
| 852491 | 2010-04-12 08:01:00 | Have you found a lawyer? There is a free community law centre in Invercargill. Is there one in your town? | Greven (91) | ||
| 852492 | 2010-04-12 10:13:00 | Thanks for that suggestion. I have been to our local free legal advice centre and with the time allowed they were unable to find a case in point for me to use. But I refuse to believe that I am the only person ever in this situation where common sense didn't prevail. Surely there have been cases where the simple act of assuming and acting on the assumption for the length of time that my ex husband did set some sort of president for legal responsibility. | bee (15594) | ||
| 852493 | 2010-04-12 10:20:00 | 13 years old? Someone's really looking into old files.... | qazwsxokmijn (102) | ||
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