Old, Time-Barred Debt
Many of our consultations are with people who appear to have been sued on debts from long, long ago. We've seen some of them as far back as 10 or 12 years!
Debts have time limits for collection. The time begins to run from the date of default, which usually is the date of your last payment or activity. If you ever make another payment on that debt, even years later, it will restart the clock on the time limit. This time limit is called the statute of limitations. In many, many cases that we review, the lawsuit was filed on time-barred debt. Those judgments are void if one has been entered against you, and it's a defense to any current lawsuit.
That said, these types of cases still need to be litigated, and the law presented to the judge for a decision and dismissal of the action. A motion to dismiss or motion for summary judgment is necessary. Sometimes discovery must be conducted before a lawsuit can be dismissed.
When you come see us for your free consultation, we'll explain how we can help you fight back.