Can a credit card company garnish my wages in California after seven years? 14 Answers as of June 21, 2011

I filed for bankruptcy seven years ago in Arizona. I now live in California and am earning an income. Can the company garnish my current earnings?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
The debts you filed bankruptcy for cannot be collected on regardless of the state. Additionally, each state has a statute of limitations for the amount of time a credit card has to collect on the debt and California has a 4 year statute.
Answer Applies to: California
Replied: 6/21/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Are you talking about a debt that was discharged in your prior bankruptcy case? If so, they are prohibited from any collection activities pursuant to 11 USC 524. If not, then they can collect against you in another state by obtaining a sister state judgment.
Answer Applies to: California
Replied: 6/20/2011
Law Offices of Michael T. Krueger
Law Offices of Michael T. Krueger | Michael Krueger
The bigger question is why would you still have credit card debt if you filed bankruptcy? Your debt should have been discharged when your bankruptcy was completed.
Answer Applies to: California
Replied: 6/20/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If the debt was discharged, no they can not garnish your wages. If a creditor is now contacing you abut a discharged debt, see a lawyer immediately. You have an action against them now. Write down the date and time of each call and what was said. Keep every letter. The action may have to be brought in the in court where you filed bankruptcy.
Answer Applies to: California
Replied: 6/20/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Not if you included them in the BK.
Answer Applies to: California
Replied: 6/20/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Not on any debts that were discharged in the bankruptcy.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Was this credit card company (and their debt) discharged in your previous bankruptcy? If so, no, they cannot garnish your wages. If the debt was incurred after your bankruptcy, then you might be out of luck, although there is still the question of whether the statute of limitations ran.
    Answer Applies to: California
    Replied: 6/20/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    If you filed bankruptcy, then there is no valid right to collect at all, regardless of the 7 years. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 6/17/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When you filed for bankruptcy you received a discharge of your debts. A discharge is a permanent injunction against collection.
    Answer Applies to: California
    Replied: 6/17/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That depends on whether the amount they are trying to collect were incurred before your bankruptcy and if they were listed in the bankruptcy. If so, then that debt was discharged and they cannot garnish your wages on a discharged debt. You would have to go to court to dispute it and show it was discharged.
    Answer Applies to: California
    Replied: 6/17/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Not for a discharged debt. If they try, you can seek punitive damages in the bankruptcy court for violation of the discharge injunction.
    Answer Applies to: California
    Replied: 6/17/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If the debt was discharged in bankruptcy then it is wiped out forever. If a creditor is enforcing a judgment by garnishing your wages and it is a debt discharged in bankruptcy then you need to let them know that the debt was discharged and if they don't stop collection action then you need to file a motion with the bankrutpcy court for sanctions against the creditor. You need to reopen the bankruptcy case in Arizona. Alternatively, you can bring the matter to the attention of the state court that issued the garnishment order. You will most likely need a lawyer unless the creditor stops collection efforts once you inform the creditor of the bankrutpcy. A judgment can be enforced for many years (10 years in California initially and can be renewed forever). However, the bankrutpcy invalidates the judgment if the debt is before the bankruptcy and it is a dischargeable debt such as a personal loan or credit card bill.
    Answer Applies to: California
    Replied: 6/17/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    If the debt you are concerned about was included in bk filing 7 years ago the answer is no. That debt would be forever discharged. If the debt was incurred after filing your bk 7 years ago and is not a discharged debt then maybe and it depends. If the debt is not a discharged debt and they sued you and obtained a judgment they can attach your wages.
    Answer Applies to: California
    Replied: 6/17/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Not if you discharged them in bankruptcy.
    Answer Applies to: California
    Replied: 6/17/2011
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