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Mercado & Hartung, PLLC | Christopher J. Mercado
they need to sue you and reduce the debt to judgment before proceeding with garnishment. if you file bk, the jmt will likely be discharged.
Answer Applies to: Washington
Replied: 8/25/2011
Breckenridge and Walton | Alan D. Walton
Is there a judgment? If so, then yes.
Answer Applies to: Michigan
Replied: 7/22/2011
Engberg Law Office | Harry A. Engberg
Only if they have a judgment. The judgment can be good for 20 years.
Answer Applies to: South Dakota
Replied: 7/18/2011
Financial Relief Law Center | Mark Alonso
If they have a judgment, that lasts 10 years, so in that case they would be able enforce it and garnish wages, restrain your bank account or place alien against your property. Filing for ch7 bankruptcy, if you qualify for it, would stop this action, discharge the debt and the judgment.
Answer Applies to: California
Replied: 7/18/2011
Theodore N. Stapleton, PC | Theodore N. Stapleton
It depends upon when the last time charges were made and whether they got a judgment within the statute of limitations. Please call to schedule a free consultation.
Answer Applies to: Georgia
Replied: 7/18/2011
Tucker Legal Clinic | Samuel Tucker
In Miss. The statute of limitations is 3 years from the last charge on the card. Inference from your question leads me to believe you have been talking to a bill collector who is violating the Fair Debt Collection Practices Act. >
Answer Applies to: Mississippi
Replied: 7/18/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A judgment is valid for ten years and can be extended for an additional ten years. This means accounts can be levied and wages garnished, among other means of collection.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
It depends on whether or not you also stopped paying then. Generally the credit card Co cannot garnish you as longer there as been no activity, either charging or making payments, in the last seven years.
Answer Applies to: Michigan
Replied: 7/18/2011
Law Office of Jackie Robert Geller | Jackie Robert Geller
Debts that old may be un-collectable. Talk to an attorney right away.
Answer Applies to: California
Replied: 7/18/2011
Law Offices of Joseph A. Mannis | Todd Mannis
Did they get a judgment against you already? If yes, then they can do it. If not, the question is did the statute of limitations run. Too little information provided to give complete answer. Call a bankruptcy attorney.
Answer Applies to: California
Replied: 7/18/2011
Bird & VanDyke, Inc. | David VanDyke
Yes, if they have a judgment against you. If the debt is over 4 years old AND they have not filed a lawauit against you obtaining a judgment then they cannot garnish wages.
Answer Applies to: California
Replied: 7/18/2011
Ray Fisher Law Offices | Ray Fisher
If you are in Texas they cannot garnish your wages under any circumstances. Threatening to do so is a violation of the fair debt collection act and you can get damages from them for that. You should buy a digital recorder, use it with a speaker phone and record a call where they threaten this. Take that to a lawyer and sue them. If it has been over 4 years since you made a payment on the debt it is barred by the statute of limitations and there is nothing they can do to collect. The only time a creditor can ever get into bank accounts is after they sue and get a judgment
Answer Applies to: Texas
Replied: 7/18/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
The statute of limitations on credit cards in Indiana is eight years but if they are within that time, then yes, wages can be garnished and bank accounts frozen and seized.
Answer Applies to: Indiana
Replied: 7/18/2011
The Law Office of Mark J. Markus | Mark Markus
If they have a judgment against you, absolutely. If not, chances are pretty good they are past the statute of limitations for collection and you should tell them to pound sand!
Answer Applies to: California
Replied: 7/18/2011
Ashman Law Office | Glen Edward Ashman
Assuming they sued you and won a judgment, yes. If you want to prevent garnishment, see a lawyer to determine your eligibility for bankruptcy (or other response).
Answer Applies to: Georgia
Replied: 7/18/2011
Law Office of Maureen O' Malley | Maureen O'Malley
There is a statute of limitations which ends their claim after a certain time, unless you acknowledge the debt to them in any way, in which case it renews it. See a consumer lawyer to sue.
Answer Applies to: Virginia
Replied: 7/18/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The statue of limitations is a defense if they sue you. Ask them to send you proof you owe the debt, bet they won't do it because they can't. Instead they will call you incessantly, lie to you and just in general harass you. Start writting down the date, time and what they say.
Answer Applies to: California
Replied: 7/18/2011
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
If they have a Judgment against you, yes.
Answer Applies to: California
Replied: 7/16/2011
Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
A creditor may collect on a judgment, through levy or garnishment for up to 21 years or more, depending on your state's laws. Filing bankruptcy will protect you from these collection efforts and from other debts.
Answer Applies to: Florida
Replied: 7/16/2011
Jackson White, PC | Spencer Hale
Have they already filed the law suit or are they just threatening? You may have a defense if the statute of limitations has run. You should hire an attorney to stop the harassment.
Answer Applies to: Arizona
Replied: 7/16/2011
Eric J. Benzer, Attorney at Law | Eric Benzer
If they have a judgment they can
Answer Applies to: Maryland
Replied: 7/16/2011
