Florida Wage Garnishment

What is the name of your state? Florida

My question is aboute the Florida Statute of limitation for past date dept. In 1988 I had a judgement for a car(repo) I was like 19 years old. I have just received notice of a wage garnishmet for the dept. If I understand the FLA Statute correct then the Statute of Limitation has ran out. Fla Sat 55.10 states that if a judgement was entered between July 1 1987 and June 30 1994 then the judegement is valid for 7 years . Then if it is rerecored it can be extened for an additional 10years. Which would be a total of 17years due to the date of the orginal filing.

Thanks Karen

The statute and the dates to which you refer pertain to liens on real property. A wage garnishment pertains to personal property. Cross-reference your citation to sect. 55.081, and you’ll see that a properly renewed judgment can affect personal property for 20 years.

You don’t say when the 1988 judgment was entered, but it’s fair to assume that “they” got in under the wire, because it’s not reasonable to assume that a court would issue a garnishment order for an expired judgment and, normally (not being FL), the application for the order would reflect the judgment entry/renewal date. You can check the court file to be sure.

Incidentally, if the garnishment was proper and timely initiated, it can run past the 20 years and continue as long as you remain with that employer. If it had to be renewed after 20 years, because you quit and went to a new job, the judgment creditor would have a problem. If it’s timely, you have a problem – 20 years is a long time for interest to accrue. A deficiency balance judgment is normally bad enough; one with 20 years of interest added could be severe.

Wage Garnishment

Judgement was entered on 8/30 1988 .... Then on 1/5 1990 they entered a lein on my home. Then in 2000 they entered a Judgemnet CC and filed a Affd with an address that I have never lived anywhere close to. then no other activity until 12/7 2007..For a wit of garnishment.

Judgement was entered on 8/30 1988

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Ok, the garnishment looks to be under the wire.

Then on 1/5 1990 they entered a lein on my home.

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Ok.

Then in 2000 they entered a Judgemnet CC

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You've got me there (?) but, if you're pointing out a problem, I don't see it yet.