Not logged in? Join one of the largest Debt Reduction Forums on the Internet! Join Now!   Latest blog post: John Oliver Talks About Student Debt

Advertisments:


Useful Links:

FTC Debt Reduction Advice
FTC Money Matters Website
National Foundation For Credit Counselling
Debt Reduction UK
MyMoney.Gov

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Should you get the help of a third party to manage your debt? Discuss it here.

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Postby jerrold » Tue Apr 05, 2011 7:43 pm

I want to know how can I fight it and also If I tried to resolve the debt in the past by going through consumer credit counseling can they do this sooo many years later. The main question is how to I fight it?
jerrold
 
Posts: 868
Joined: Wed Mar 23, 2011 12:33 am

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Postby neo » Tue Apr 05, 2011 7:50 pm

You should have kept the creditor informed of your current address and answered the summons they sent before they got a court judgment. The court judgment gives them stronger means to collect (like wage or bank account garnishment, liens, etc.) and extends the time they have to collect for another 10 years (even after it drops off of your credit report). If the amount is worth it to them, they may even be able to renew the judgment for another 10 years.

Web search "debt statute of limitations" and judgments for the state you were in when you incurred the debt. Your only hope is if they got a default judgment after the statute of limitations expired and/or did not adequately attempt to inform you. And you would have to go to court to get that overturned.
neo
 
Posts: 877
Joined: Tue Mar 22, 2011 4:08 am

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Postby gti » Tue Apr 05, 2011 7:57 pm

In order to garnish your wages the credit card company had to have a court order. This means they took you to court. You should have been notified of this. If not, you can appeal at the local court and stop the garnishment until you are heard in court. Then the court will decide whether you can repay on your own or the card company garnish your wages. Representing yourself for this matter isn't too hard. You just have to take it on and deal with it up front.
gti
 
Posts: 863
Joined: Mon Mar 21, 2011 6:36 am

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Postby ning » Tue Apr 05, 2011 8:00 pm

Unfortunately, you have waited too long. You thought this thing would just go away. You should have appeared in court when they brought the judgment against you. Now you will have to pay court costs for the judgment and the garnishment. Pay what you owe them, and consider it a lesson learned.
ning
 
Posts: 800
Joined: Tue Mar 22, 2011 8:15 pm

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Postby vychan » Tue Apr 05, 2011 8:03 pm

Unfortunately, you have waited too long. You thought this thing would just go away. You should have appeared in court when they brought the judgment against you. Now you will have to pay court costs for the judgment and the garnishment. Pay what you owe them, and consider it a lesson learned.
Depending on what state you reside in, any action you took with this company before yes they can still garnishee your wages.

Normally if you have not paid on an account in 4-7 years most states will not allow them to continue to pursue you for this debt and it would normally fall off your credit report.

If you made a deal with them to pay on a payment plan, and you started this plan it is almost like starting over again. When you agreed to the pay plan it was like you were agreeing that you owed them instead of the company that you originally started with.

So if you agreed to a payment plan 2-3 years ago, and signed the agreement, there is a possibility that they can now garnishee your current wages.

I hope this has been of some benefit to you,good luck.



"FIGHT ON"
vychan
 
Posts: 901
Joined: Tue Mar 22, 2011 6:06 am

I received a letter for a wage garnishment in the mail from a credit card account that's over 7 yrs old.?

Postby aeneas16 » Tue Apr 05, 2011 8:21 pm

To garnish your wages, they must have a judgment. Judgments are good for a long time and can be renewed. They probably got a default judgment cause you didn't show up.

If you never received a summons, you could hire a lawyer and try to get the judgment set aside based on improper service. But the legal fees might be more than the debt and the creditor may still be able to sue.

Normally the court order for garnishment goes directly to your employer. Is this an actual court order or just a collection agency threatening to garnish? Collection agencies often send out paperwork that looks official but isn't. If it's just from a collection agency, chances are the debt is beyond the Statute of Limitations (SOL), the timeframe to bring lawsuit and you can tell them to go pound sand.
aeneas16
 
Posts: 800
Joined: Tue Mar 22, 2011 10:08 am


Return to Debt Counseling

 


  • Related topics
    Replies
    Views
    Last post