Bank Garnishment

[cosine]

Originally Posted by eli4625

I found out about the judgement at 9am yesterday (friday) when I called my bank. I then had to wait for them to call me back as to whom and why my money was being held. I then contacted the collection agency and then the court clerk. The info I have posted here is what I got from them. I then went to work. It is now Saturday, the CoC is not open on Sat. I spoke with my bank manager whom will have a copy of the paperwork they got for me on Tuesday. Since I have no law background, I was and am still not sure of what I can and can not do, that is why I am looking for some direction. In the previous 3 suits against me, I appeared and was involved in the process, this time, I was never notified. Why is it assumed all are lying when they post here? Did I owe the debt? Yes, but the collection company had 6 years to sue me for it and chose not to, now under the law they can not. All I am looking for is how do I procede?

What 3 previous suits against you? Was one of these the creditor that is garnishing your bank account? If someone sued you and everything was done properly and they won a judgment, then no further notification needs to be given to you for them to go get the money in your bank account. They probably do need to get another court order, but that is done ex parte (and obviously must be done that way). If you were previously sued and lost, these creditors can go get your money within the time frame allowed for judgment collection (generally a lot longer than SOL).

[CourtClerk]

Originally Posted by eli4625

Yes, but the collection company had 6 years to sue me for it and chose not to, now under the law they can not. All I am looking for is how do I procede?

Please post the law that says they cannot sue you, because that statement is absolutely NOT true.

[eli4192]

Creditors have up to 6 years from the point of default on a CC to collect via legal action. Once the SOL has expired, a creditor or collection agency can continue to send letters asking for payment but they can not seek payment via court action. That is why they have SOL laws. With CC in the state of Indiana it is 6 years. Since I made no payments on the card after March of 2002, the card would have gone into default at some point that year, which means that they had till the end of 2008 to seek legal action for payment.

[CourtClerk]

Originally Posted by eli4192

Creditors have up to 6 years from the point of default on a CC to collect via legal action. Once the SOL has expired, a creditor or collection agency can continue to send letters asking for payment but they can not seek payment via court action. That is why they have SOL laws. With CC in the state of Indiana it is 6 years. Since I made no payments on the card after March of 2002, the card would have gone into default at some point that year, which means that they had till the end of 2008 to seek legal action for payment.

Once again.... statute of limitations is an affirmative defense. Post the LAW (that requires a statute) that says you cannot sue after the SOL. If you don't present it, it doesn't apply.

You have yet to post the law you say exists. You know why? There is no such law.

[racer72]

Creditors have up to 6 years from the point of default on a CC to collect via legal action. Once the SOL has expired, a creditor or collection agency can continue to send letters asking for payment but they can not seek payment via court action. That is why they have SOL laws. With CC in the state of Indiana it is 6 years. Since I made no payments on the card after March of 2002, the card would have gone into default at some point that year, which means that they had till the end of 2008 to seek legal action for payment.

Your ignorance of how the statute of limitations work is showing. It is strictly a positive defense to a lawsuit that is filed after the limitations toll. There is only one state that bars lawsuits for debts that have exceeded the SOL and your state is not it. A creditor can sue anytime after a debt goes into default be it 1 year, 5 years or 20 years. You were asked to prove this and have not. The fact you were successful sued for a debt the is apparently beyond the SOL is proof your statement is not true.

[ecmst12]

If you were not properly served with notice of the suit, then you MAY have recourse. But you need more direction then you can get from a web site at this point, filing motions with the court is something that takes a bit of know-how. You need to either head to a law library and research how to move to vacate a judgement for improper service, or pay a lawyer to do it for you.

[eli4192]

So what you are saying is that there is no SOL, that you owe the debt till you die and that at any time anyone can sue you for the debt? Then why is there SOL's?

I "lost" because I did not know there was a case. I was never served, never given notification of the suit. The way I found out was from my bank. When I did go to the court, I put in a petition for the decision to be turned over since I was not served. I can't defend myself if I don't know the case was even filed.

[Zigner]

Originally Posted by eli4192

So what you are saying is that there is no SOL

No, what is being said is that you don't understand what a SoL is.

[eli4192]

Okay from what I have read, Credit Cards are considered "open accounts" and have a SOL of 6 years. After that 6 years the creditor or collection agency can not collect the debt via court action. They can file I guess, but when presented with the info the court will throw it out. Now, is that wrong?

[CourtClerk]

Oh good God, this is useless. Just lock the thread.

[Indiana Filer]

Originally Posted by CourtClerk

Oh good God, this is useless. Just lock the thread.

We need a "banging the head on the wall" smilie.