New York SOL

[Ronald Maurer]

What is the name of your state (only U.S. law)? New York

Is a Judgment filed in February 1989, 20 years after the SOL enforceable? Can a garnishment order be sought based on a judgment over 20 years?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[dfromnyli]

Originally Posted by Ronald Maurer

Is a Judgment filed in February 1989, 20 years after the SOL enforceable? Can a garnishment order be sought based on a judgment over 20 years?

If they never received a penny from you from February '89 to February '09 then the the judgment can no longer be enforced, but keep in mind any payments made restarts the 20 years. Although rare, judgments in NY can be renewed - an attorney would have to bring an order to show cause on why the judgment should be renewed, in 7 years of doing business I've never seen it happen. Creditors figure if it wasn't satisfied in the first 20 years, it's not going to be satisfied in the next 20.

An income execution can be sought if:
A) if the judgment was renewed
B) the execution was filed in the county clerks office before the 20 year anniversy of the date the judgment was entered.

[Ronald Maurer]

Sir,
Thank you so much for your answer. Unfortunately, last year I started making voluntary payment. When I asked them to validate the debt because I sincerely do not remember it. This is the first contact they have made with me in about 20 years. The garnishment order was never filed as long as I made voluntary payments. When they could not provide any documents showing I actually owed this debt I stopped. The garnishment order was for my prior employer and as of this date they have not renewed nor have they contacted me. I hate o assume but i hope this is over. They want over $5,000 in statutory interest. This is supposedly for a credit card debt from 1987. My credit score has always been excellent. I do not know why I never was contacted about this prior to 2008.

[dfromnyli]

Originally Posted by Ronald Maurer

Sir,
Thank you so much for your answer. Unfortunately, last year I started making voluntary payment. When I asked them to validate the debt because I sincerely do not remember it. This is the first contact they have made with me in about 20 years. The garnishment order was never filed as long as I made voluntary payments. When they could not provide any documents showing I actually owed this debt I stopped. The garnishment order was for my prior employer and as of this date they have not renewed nor have they contacted me. I hate o assume but i hope this is over. They want over $5,000 in statutory interest. This is supposedly for a credit card debt from 1987. My credit score has always been excellent. I do not know why I never was contacted about this prior to 2008.

Yeah so each payment you made automatically starts the 20 years over again. If the order is for a previous employer you are in luck because they probably do not know where you work now. But if they do find your job again, they can garnish your wages and 9% interest from 20 years ago is 180% interest which is beyond ridiculous.

[Ronald Maurer]

Thanks again. Last question on this. So if I am hearing you correctly, they can still obtain a garnishment order just based on the judgment even though it is over 20 years old and they have not renewed it? The payments I made were to the Sheriff. Wont they have to petition the courts and establish that I made a few voluntary payments (because I was ill informed). ? In order to renew the judgment?
Once again, I appreciate your advice so much. It is clear and directly to the point. Whats the chances they will leave it alone. ?

[dfromnyli]

Originally Posted by Ronald Maurer

Thanks again. Last question on this. So if I am hearing you correctly, they can still obtain a garnishment order just based on the judgment even though it is over 20 years old and they have not renewed it? The payments I made were to the Sheriff. Wont they have to petition the courts and establish that I made a few voluntary payments (because I was ill informed). ? In order to renew the judgment?
Once again, I appreciate your advice so much. It is clear and directly to the point. Whats the chances they will leave it alone. ?

Yes, they did not need to renew it when you made the voluntary payment - because unfortunately you renewed it for them.

There's a decent chance they will leave you alone. In NY Governor Patterson has made it basically impossible to freeze and empty out bank accounts so you won't have to worry about that. The only problem you will have is if they find out where you are working currently. The easiest way for a creditor to do that is to pull a credit report, but even then the credit report is not always the most accurate in terms of employment status.