How do I get rid of old debt garnishment? 4 Answers as of July 25, 2011

Collection agent is trying to sue me for a debt back in 2002. What I mean by that is 2002 was when it was over 90 days late. They then filed a suit against me in 2008. Is this old enough to be considered barred debt and past statute of limitations in CA? The card was opened in FL and I moved to Ca about 5 years after last activity on that card.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The statute of limitations will be measured by Florida law, I don't know what that is (and I am on vacation this week so my resources are limited). If they sued you and the Florida statute has run, yo can sue them for violating the "fair debt collection practices act." Go see a lawyer.
Answer Applies to: California
Replied: 7/25/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If wages are being garnished there is a judgment against you. There is a procedure in state court to claim an exemption for your necessary and ordinary living expenses. This means the garnishment can be reduced to as little as nothing. You will still owe the debt until it is paid in full, unless you file bankruptcy. If you are considering bankruptcy you should consult with an attorney.
Answer Applies to: California
Replied: 7/24/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
The Florida statute of limitations, whatever length that is, might apply. Statutes of limitations are generally tolled (the clock is stopped) when a defendant (you in this case) is outside the state where the contract was entered. Whether or not the statute of limitations would have made the debt unenforceable against you requires a lot more facts and legal research. However, if a judgment has been entered then it is too late to defend yourself on the basis of the statute of limitations or any other ground. A "judgment" means the court has already decided you owe the money and you no longer have anything to say about it. That happens when you do not answer the complaint within 30 days of being served with the summons and complaint. That is a "judgment by default." Therefore, at this point if there is judgment against you then your choices are paying or filing for bankruptcy to discharge the debt. There must be a judgment entered by a court before there can be garnishment of your wages or a levy of your bak account (unless it is a garnishment by a government agency that can garnish wages and levy bank accounts without a judgment). You mention an "old garnishment" so there must be an old judgment against you unless it is garnishment by a government agency.
Answer Applies to: California
Replied: 7/24/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
File Bankruptcy.
Answer Applies to: California
Replied: 7/23/2011
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