Can someone just start garnishing your paycheck after 16 yrs without any notice? 6 Answers as of February 08, 2013

My girlfriend all of a sudden started getting her paycheck garnished and had no idea by who. She got hold of her HR department and they sent her a letter of who is garnishing her check. It is a hospital in NY the bill is dated 10/03/1997.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
In New York State a creditor has up to 20 years after obtaining a judgment against a debtor to collect the judgment. So if the hospital bill is dated 1997, then they are still well within the 20 years as they presumably obtained a judgment a year or two after that.
Answer Applies to: New York
Replied: 2/8/2013
Alexander Law Firm
Alexander Law Firm | Adam Alexander
The debt collector would have had to get the New York debt "domesticated" in Michigan and received a Judgment from a local court. Then they would have had to file court documents to permit garnishment. Service is required for this. So, if your girlfriend didn't get notice, she may have been served at the wrong address, or the collector was permitted to use "alternate" service which is often nothing more than posting the notice. In any event, I would consider filing an objection to the garnishment (there is court form you can file) to see if everything was legitimate. As always, you should consult with a live attorney to review all court documents or filings.
Answer Applies to: Michigan
Replied: 2/1/2013
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
She must have had a lawsuit file and judgment against her. A judgment is enforceable for 20 years.
Answer Applies to: Massachusetts
Replied: 2/1/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You must have gotten a judgment so you may have to make a motion to vacate that judgment as the statute of limitations may have passed.
Answer Applies to: New York
Replied: 1/31/2013
Henry, DeGraaff & McCormick, P.S. | Jacob DeGraaff
Your girlfriend should immediately consult with a debt defense attorney.
Answer Applies to: Washington
Replied: 1/31/2013
    Harris, Yug & Ohlinger
    Harris, Yug & Ohlinger | Roberta Ohlinger-Johnson
    In Nevada no, they cannot do that. In anything involving consumer law, they need to serve you with a lawsuit and get a judgment. Then they give you "Notice of Entry of Judgment" and ten days later they can start garnishing. If you were legitimately not served - maybe an old address or something - the garnishment can be "quashed" and the judgment "set aside." Good luck to you, at the least you will need to talk to your local self-help service. A private attorney can help you greatly, and sometimes legal aid will take cases like that.
    Answer Applies to: Nevada
    Replied: 1/31/2013
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