Morgan Garcia3 said:Hey everyone,
So, I filed an objection against a writ of execution because the statute of limitations had already run out. Now, the county civil court has officially stayed that writ and is moving forward with the proceedings regarding my objection to the payment order.
The whole mess is over some unpaid DirecTV subscription fees. It’s been nearly 24 months from the date the bill was actually due until they even tried to start the collection process, so I went after them on the grounds of expiration.
On top of issuing the decision to stay the writ of execution, the county civil court also issued a ruling on court costs, ordering me to cough up $33 within 8 days. I have a 3-day window if I want to appeal that part.
Does anyone know if there's any point in asking for a fee waiver? I haven't had an income in almost a year and I'm currently unemployed, while my wife is making about $1667 and supporting both me and our kid. Also, if I end up paying this, should I expect the plaintiff (the one pushing the collection) to have to reimburse me for these costs—and all the others—if they ultimately lose the case?
Thanks!
P.S. Please spare me the "you should have just paid it" comments. The service wasn't even provided/delivered, but honestly, it was way easier to argue the statute of limitations than to try and prove non-delivery (though I mentioned that in my objection too).
I don't really feel like diving deep into the legal code right now, but if the statute of limitations is a year, then the statute argument should hopefully hold up.
You can get a fee waiver, but you missed the window. When you filed the objection to the garnishment order, you were supposed to submit a Motion for Waiver of Fees along with proof of your financial situation.
There's no need to bring up your wife at all; she isn't a party to this proceeding.
Since this is a garnishment proceeding (assuming the petition went through a notary), I'm not entirely sure how it plays out here, so it might be good if someone could confirm or correct me.
The losing party ultimately covers all court costs. However, once the main hearing is wrapped up, you'll need to itemize everything based on the standard fee schedule (filings, hearings, objections, plus those paid fees).