This depends on a couple things. Usually the statute of limitations on such a claim would be 6 years, which means they had to sue you within six years of the debt becoming overdue. You don't mention a lawsuit or being sued. But if there is a judgment, that means they must have filed a lawsuit against you. If you weren't aware of a lawsuit until you received the judgment/garnishment, then they may not have served you and you may be able to get the judgment vacated. If you didn't contest the lawsuit, and they got a default judgment, there also might be a basis to get it vacated. If you can get the judgment vacated, you might have defenses to their claim for payment. You should speak to an attorney who handles this sort of thing. I'm not in your area, but suggest you contact Jesse Langel, [email protected], who is in Manhattan.
