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How long can this happen?

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3antcelenat

Junior Member
Had credit cards with balance of $600 in 2007 total they were charged off. In 10/2015 to 1/2016 a law firm garnished my wages they took $800. I recently received paperwork stating there was a balance of over 100 and between end of January and the month of February another $600 had accrued. Today I received paperwork from my employer stating garnishment is starting again. No total of what will be taken or how long garnishment will occur. How long can this go on? Is this legal? Should I seek legal advice? Is there no statue of limitations on something like this?
 


TigerD

Senior Member
How long can this go on?
It will continue until the debt, costs, and accrued interest are paid in full.

Is this legal?
Yes

Should I seek legal advice?
Hiring a lawyer for this will surely cost more than paying the debt. But, there is no harm in talking to a lawyer.

Is there no statue of limitations on something like this?
Yes there is. But understanding that depends on the state - a question you didn't answer - and the date of the judgment.


TD
 

latigo

Senior Member
Had credit cards with balance of $600 in 2007 total they were charged off. In 10/2015 to 1/2016 a law firm garnished my wages they took $800. I recently received paperwork stating there was a balance of over 100 and between end of January and the month of February another $600 had accrued. Today I received paperwork from my employer stating garnishment is starting again. No total of what will be taken or how long garnishment will occur. How long can this go on? Is this legal? Should I seek legal advice? Is there no statue of limitations on something like this?
First of all whether the account receivable was "charged off" or not is a non-issue! "Charged off" doesn't mean discharged! Its an accounting process. Moreover, you would not have personal knowledge of it.

Secondly, a writ of garnishment would not have been issued and levied against your wages UNLESS it related to an unsatisfied money judgment. Since you make no mention of having knowledge of a judgment against you, most likely one was issued by default. Meaning that you were served with process; failed to make a timely, formal appearance in the case in defense of the creditor's claim; the claimant produced satisfactory evidence of the debt and obtained the judgment.

Moreover, any defense to the claim because of the expiration of an applicable statute of limitations would need to have been pleaded as an affirmative defense to the creditor's claim or it would be waived, as in lost.

Lastly, because you have neglected to name the state and other vital details are missing it is impossible to address what legal recourse is available, if any.
 

quincy

Senior Member
First of all whether the account receivable was "charged off" or not is a non-issue! "Charged off" doesn't mean discharged! Its an accounting process. Moreover, you would not have personal knowledge of it ...
Credit reports indicate if an account was charged off. Someone who looks at their credit report would have personal knowledge of a charge off (not that they will always understand what that means).
 

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