Saturday, 15 March 2014

Is there a Statute of Limitations for a 10 year old debt that I have. There is a levy on my funds at my bank.

Question

Is there a Statute of Limitations for a 10 year old debt that I have. There is a levy on my funds at my bank.



Answer

A lawsuit based on a breach of a contract must be filed within 6 years of the breach. It is up to the defendant to assert this defense. It appears that the creditor has a judgment if "there is a levy on [your] funds." So it is probably too late to assert the defense, unless you can have a default judgment vacated. You must act quickly if you are seeking to have the judgment vacated.



Answer

If you have a levy on an account, a Judgement was entered against you. That means the statute of limitations for collection on a Judgment is 10 years from the date the Judgment was entered. The Judgment is renewable for a second 10 year term if renewal occurs before expiration.



Answer

"Levy" would ordinarily mean that you were sued and a judgment docketed. Look on the state court website (www.mncourts.gov) under trial court records to find out. If you were sued but not served, maybe you could reopen the case.



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