garnishing wages for a dept over 16 years old

[Sweetpea527]

What is the name of your state (only U.S. law)? Florida
I have received 2 letters in the mail about trying to Garnish my wages for a dept the goes back over 16 years ago for me and my ex husband who I have been divorced from for 19 years. the paper work looks legal, but I really do not understand what it means. I called the law office that issued it, and they gave little or no info about what this was about and how to correct it. they would answer any of my questions. is this possible to do this after such a long time? the law office just kept saying to seek an attorney, which I don't really have the money to do. I do work full time, but make very little, and my husband now is a full time student. can anyone advise me on this? I am very nervous for my home, my car, my job. and also I have been in the same home for 8 years, and I have never received anything in regards to this debt. Please Help!

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
I have received 2 letters in the mail about trying to Garnish my wages for a dept the goes back over 16 years ago for me and my ex husband who I have been divorced from for 19 years. the paper work looks legal, but I really do not understand what it means. I called the law office that issued it, and they gave little or no info about what this was about and how to correct it. they would answer any of my questions. is this possible to do this after such a long time? the law office just kept saying to seek an attorney, which I don't really have the money to do. I do work full time, but make very little, and my husband now is a full time student. can anyone advise me on this? I am very nervous for my home, my car, my job. and also I have been in the same home for 8 years, and I have never received anything in regards to this debt. Please Help!

Did your employer receive a garnishment or are they simply threatening to garnish your wages? Do the letters state that they have a judgment against you or are they threatening one? If its not governmental debt and there is no judgment against you then they are way past any statute of limitations and they would not be able to get a judgment against you in order to be able to garnish your wages.

You might want to quote the letter here, word for word (removing any names or other identifying information) and you might get clearer information.

 

[Sweetpea527]

letter

Did your employer receive a garnishment or are they simply threatening to garnish your wages? Do the letters state that they have a judgment against you or are they threatening one? If its not governmental debt and there is no judgment against you then they are way past any statute of limitations and they would not be able to get a judgment against you in order to be able to garnish your wages.

You might want to quote the letter here, word for word (removing any names or other identifying information) and you might get clearer information.

Motion for final judgment against Garnishee
plaintiff by and through its undersigned attorneys, moves this honorable Court for the entry of a final judgment against ( my company name) and as grounds therefore states as follows
1)that a continuing Writ of garnishment was issued by this court on June 20th 2014 and served same upon the garnishee ( name of company) on July 3rd 2014
2)that on or about August 13, 2014 a request for admissions was served upon Garnishee
3)that the Garnishee has failed to respond, therefore, the request for admissions are deemed admitted
4)that the plaintiff is entitled to entry of default final judgment in its favor and against garnishee ( company name) in the amount of ( dollar amount), plus post judgment interest and post judgment court cost.

Wherefore, plaintiff moves this Honorable court for entry of final judgment against garnishee, and such further relief as the court deems just and appropriate in the Circumstances.


again this goes back to 1998 and before.

 

[Proserpina]

Motion for final judgment against Garnishee
plaintiff by and through its undersigned attorneys, moves this honorable Court for the entry of a final judgment against ( my company name) and as grounds therefore states as follows
1)that a continuing Writ of garnishment was issued by this court on June 20th 2014 and served same upon the garnishee ( name of company) on July 3rd 2014
2)that on or about August 13, 2014 a request for admissions was served upon Garnishee
3)that the Garnishee has failed to respond, therefore, the request for admissions are deemed admitted
4)that the plaintiff is entitled to entry of default final judgment in its favor and against garnishee ( company name) in the amount of ( dollar amount), plus post judgment interest and post judgment court cost.

Wherefore, plaintiff moves this Honorable court for entry of final judgment against garnishee, and such further relief as the court deems just and appropriate in the Circumstances.


again this goes back to 1998 and before.

What type of debt is this?

If you know, do you also have any idea whether the statute of limitations was/is tolled?

 

[Zigner]

It sounds to me like the company and its principals was sued and lost (by default). The OP should seek the advice of an attorney for her options on this.

 

[Sweetpea527]

What type of debt is this?

If you know, do you also have any idea whether the statute of limitations was/is tolled?

it is from a bank, and I believe it may be about a credit card

 

[single317dad]

3)that the Garnishee has failed to respond, therefore, the request for admissions are deemed admitted

Were you served prior to the initial hearing? Did you receive the request for admissions. If so, failing to answer them was probably a huge mistake.

You need to get down to the courthouse and get a full history on this case.

 

[LdiJ]

Motion for final judgment against Garnishee
plaintiff by and through its undersigned attorneys, moves this honorable Court for the entry of a final judgment against ( my company name) and as grounds therefore states as follows
1)that a continuing Writ of garnishment was issued by this court on June 20th 2014 and served same upon the garnishee ( name of company) on July 3rd 2014
2)that on or about August 13, 2014 a request for admissions was served upon Garnishee
3)that the Garnishee has failed to respond, therefore, the request for admissions are deemed admitted
4)that the plaintiff is entitled to entry of default final judgment in its favor and against garnishee ( company name) in the amount of ( dollar amount), plus post judgment interest and post judgment court cost.

Wherefore, plaintiff moves this Honorable court for entry of final judgment against garnishee, and such further relief as the court deems just and appropriate in the Circumstances.


again this goes back to 1998 and before.

This is not a "letter". This is a court motion. You need to see an attorney ASAP. It may be too late to challenge anything but you definitely need an attorney if there is going to be any hope.

 

[justalayman]

1)that a continuing Writ of garnishment was issued by this court on June 20th 2014 and served same upon the garnishee ( name of company) on July 3rd 2014

this writ is based on a judgment obtained some time prior to that date.

You need to find out information about the underlying judgment against you. The motion you were sent is actually the judgment creditor taking action against your employer for not garnishing your wages.

and since it appears the sol for judgments is 20 years, the underlying judgment could have been obtained long long ago and still be in force.

 

[Mark Maroon]

Motion for final judgment against Garnishee
plaintiff by and through its undersigned attorneys, moves this honorable Court for the entry of a final judgment against ( my company name) and as grounds therefore states as follows <blah blah blah>
Wherefore, plaintiff moves this Honorable court for entry of final judgment against garnishee, and such further relief as the court deems just and appropriate in the Circumstances.

As far as I can tell from what you have posted, Justalayman got it right (as did others who posted responses to you). It looks like you were sued by someone (the plaintiff) for something (apparently some old credit card debt) and the plaintiff won a judgment against you (the defendant). The plaintiff then tried to garnish your wages from your employer (the garnishee), but your employer didn't respond, so the plaintiff is now going to get a judgment against your employer.

I am not sure why the plaintiff hasn't already tried or put a lien on your home, your car, your bank account, etcetera.

If you were never served with the complaint against you, then you might be able to strike or open the (apparently default) judgment against you. But you would need to go to the court (either online or in person) and get a copy of every document from the court docket, and then take them to an attorney who can evaluate your situation.

The issue at hand is whether or not you were properly served with the complaint against you. If you weren't properly served with the complaint against you, then you need to determine if you can afford to try and strike or open the judgment against you. If you can strike or open the judgment, then the case starts over and they have to prove that you owe the debt (that's not always as easy as it sounds, even if you do actually owe the debt).