I had a car repossessed 11 years ago and the finance company sued me for the remaining balance. The suit was served to my aunt who I did not see until 4 months after the courtdate. I therefore received a default judgemet against me. This was in 1999. I have now received a letter from an attorney saying that they have filed for garnishment against me. Is the default judgement enforceable after 11 years?
Generally speaking, a judgment expires after 7 years unless the judgment holder takes steps to reinstate the judgment. If the judgment holder took such steps, then the judgment could still be enforceable.
Real Estate Attorney
Your question raises a question about whether the original suit was properly served. If you were living with your aunt at the time, the service would be proper and the judgment valid. If you were not living with the aunt, then she would not be a proper party to serve. If you were not living with your aunt, you may be able to challenge the judgment. You would need to have an attorney file a traverse to the garnishment and a separate action to vacate the judgment for lack of proper service. Bottom line is that you would most likely need to hire an attorney that deals in this area regularly if you want to challenge the judgment.
This response does not create an attorney client relationship.