Being Sued By Collections Agency. What now?

[Dee1027]

Hi. A collections agency is trying to garnish my wage or possibly threatening to. I don't completely understand the letter. Through my own research, I have found that the debt they are pursuing is from 2008. They purchased the account from the creditor in 2014. Would the statue of limitions have started in 2008 or 2014? Also, do they have grounds to garnish wages even though this is considered a zombie debt because its past the 6 years of statute in Georgia?

 

[Zigner]

Are you still in Georgia? If not, then when did you leave the state?

 

[quincy]

Hi. A collections agency is trying to garnish my wage or possibly threatening to. I don't completely understand the letter. Through my own research, I have found that the debt they are pursuing is from 2008. They purchased the account from the creditor in 2014. Would the statue of limitions have started in 2008 or 2014? Also, do they have grounds to garnish wages even though this is considered a zombie debt because its past the 6 years of statute in Georgia?

Is there a judgment against you? A judgment is needed for a wage garnishment. And if there is a judgment (perhaps a default judgment if you did not appear in court), the statute of limitations would not apply.

When did you stop paying on the debt?

 

[Dee1027]

Is there a judgment against you? A judgment is needed for a wage garnishment. And if there is a judgment (perhaps a default judgment if you did not appear in court), the statute of limitations would not apply.

When did you stop paying on the debt?

yes i am im ga. yes it is a judgement against me. the debt is from early 2009.

 

[quincy]

yes i am im ga. yes it is a judgement against me. the debt is from early 2009.

What exactly did you receive from the judgment creditor? Did you receive a notice of garnishment exemptions?

Here is a link to exempt funds (those that cannot be taken from you to satisfy the judgment):
http://law.ga.gov/sites/law.georgia.gov/files/related_files/site_page/Georgia_GAnirhsment_Exemptions.pdf

 

[Zigner]

yes i am im ga. yes it is a judgement against me. the debt is from early 2009.

If there is a judgment, then the statute of limitations doesn't apply. The statute of limitations is the time limit that is in play prior to a lawsuit being filed.

 

[LdiJ]

yes i am im ga. yes it is a judgement against me. the debt is from early 2009.

Are you sure that its a judgment? Did they take you to court and get a judgment against you?

 

[quincy]

It appears there is a judgment. There would not be a notice of wage garnishment if there was no judgment - unless the creditor is violating the law.

 

[LdiJ]

It appears there is a judgment. There would not be a notice of wage garnishment if there was no judgment - unless the creditor is violating the law.

Sometimes they threaten to garnish when they cannot. The OP admitted that she didn't understand the paperwork that she received. That is why I am not certain that there is a judgment.

 

[quincy]

In order to answer Dee's "what now" question, Dee will need to let us know exactly what the notice she received says.