Can a credit card company levy your bank account and wages for a credit card from years ago? 25 Answers as of July 03, 2013

Can a credit card company levy your bank account and wages for a credit card from 8 years ago? I have not filed bankruptcy and they are threatening to garnish my wages.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Mercado & Hartung, PLLC
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
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
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
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, 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
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Possible.
    Answer Applies to: California
    Replied: 7/18/2011
    Tucker Legal Clinic
    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
    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
    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
    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
    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.
    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 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
    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
    Ashman Law Office
    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
    The Law Office of Mark J. Markus
    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
    Law Office of Maureen O' Malley
    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
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If they already have a judgment, yes. If they have not sued, it is likely that the statute of limitations has run, which means they cannot sue and therefore could not garnishee wages.
    Answer Applies to: California
    Replied: 7/3/2013
    Janet A. Lawson Bankruptcy Attorney
    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, Esq. Attorney at Law | Judith A. Runyon
    If they have a Judgment against you, yes.
    Answer Applies to: California
    Replied: 7/16/2011
    Jackson White, PC
    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
    Law Offices of Iman Abouelazm, P.A.
    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
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    If they have a judgment they can
    Answer Applies to: Maryland
    Replied: 7/16/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney