Can a credit card company garnish my wages after 7 years? 15 Answers as of June 24, 2011

I moved to a new state and am no longer in bankruptcy and am starting a new job. Can the credit card company still garnish my wages?

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Jackson White, PC
Jackson White, PC | Spencer Hale
If the debt was discharged in bankruptcy then no. If it was not discharged then yes.
Answer Applies to: Arizona
Replied: 6/24/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
If they have a judgment it is good for 10 years, and can be renewed. If you received a discharge in your bankruptcy, garnishment is generally barred. But it sounds like your case may have been dismissed, in which case everything goes back to the way it was when you filed, and the chapter 13 time will be ignored.
Answer Applies to: Michigan
Replied: 6/23/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If the debt was discharged in Bankruptcy they should not be taking any collection action regarding the debt. If the debt was not discharged and the credit card company received a Judgment they may be able to garnish your wages.
Answer Applies to: New Hampshire
Replied: 6/23/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If the debt was discharged, you are no longer personally responsible for it. If the judgment was entered out of state, they would need to first move it to your new state before proceeding.
Answer Applies to: Washington
Replied: 6/23/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Not if the card was included in the bankruptcy. If it's a card you obtained after filing, and you're late, they can garnish.
Answer Applies to: Virginia
Replied: 6/23/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Not if the debt was discharged. If they try, see a lawyer right away. You could sue them.
    Answer Applies to: California
    Replied: 6/23/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    In California if a creditor obtained a judgment that judgment is good for 10 years after which time they have to apply to renew the judgment. As a result it is possible for a debt for someone to have a debt that is 17 years old garnished from their wages if there was a judgment and that judgment was renewed.
    Answer Applies to: California
    Replied: 6/23/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Not if the debt was discharged in your bankruptcy case. Please call to discuss.
    Answer Applies to: Georgia
    Replied: 6/23/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you received a discharge in chapter 7 or chapter 13 your wages cannot be garnished for prior debts. If it has been 7 years since the debt was breached the statute of limitations, in the absence of a discharge, may have run (it usually is 4 years.) Check with an attorney as to whether the statute was tolled during bankruptcy.
    Answer Applies to: California
    Replied: 6/22/2011
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    Yes if they have a judgment.
    Answer Applies to: Georgia
    Replied: 6/22/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Not if you discharged in the bankruptcy.
    Answer Applies to: California
    Replied: 6/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Probably yes. Judgments in many states are valid for more than 7 years and in most states can be enforced by garnishment.
    Answer Applies to: Georgia
    Replied: 6/22/2011
    Badgley Law Group
    Badgley Law Group | Jeffrey Badgley
    If this creditor was listed in your bankruptcy petition, it would be a violation of Federal bankruptcy law for the creditor to take action against you any time after discharge. You should contact the bankruptcy lawyer that helped you obtain a your discharge.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Was the debt discharged in your bankruptcy? If so, no they cannot garnish you.
    Answer Applies to: California
    Replied: 6/22/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Each state has a different statute of limitations. In California there is a 4 year limit for a credit card company to file a lawsuit against you. Other states may be different.
    Answer Applies to: California
    Replied: 6/22/2011
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