Q: Can I file a motion to dismiss a garnishment based on exceeded statute of limitations in Alaska?
In Alaska, I understand the statute of limitations on open-ended accounts is three years. I have a credit card judgment that garnished my Permanent Fund after the statute had run last year. Recently, the court also attached my bank accounts, leading to an overdraft. The judgment was initially dismissed without prejudice for improper service on March 7, 2023, but changed in the plaintiff's favor four days later without notice to me. I stopped making payments on this account in April 2021. I received the case file from the court last year, but I haven't filed a motion since the date changes seemed suspicious. Can I file a motion to dismiss based on the statute of limitations being exceeded?
A: The 3 year statute of limitation (assuming that you are correct about the time) is the statute upon which to bring suit. The statute of limitation to execute upon a money judgment is much longer in every state, generally 10 to 20 years. Sounds to me like the garnishment action was brought within Alaska's statute to execute on a judgment.
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