Garnishment from very old car repo

[Zigner]

Nope. It wasn't a guess at all, the OP posted they filed in Los Angeles when I made that post:
https://forum.freeadvice.com/debt-collections-84/garnishment-very-old-car-repo-613316.html#post3325985

It was absolutely a guess based on the limited second-hand information we've received.

A gracious poster acknowledges when they are wrong.

 

[questionforu2]

The OP stated they are in Sacramento but the suit was filed in Los Angeles.

Those words are from the OP, so what guess did I make?

 

[questionforu2]

What is the name of your state (only U.S. law)? California
Hi, my wife just got hit with a garnishment on a car she had repossessed 17 years ago. She had less than a weeks notice before the payments started coming out of her check and she is being hit for 25%. There are a few things that don't sit right for me with this one. The company said that a judgment was made against her in December of 2013. They claimed that she was properly served yet we did not receive any service for this court date . It is furthermore suspect because when she contacted them to try and prevent the garnishment the only address they had for her was one that we haven't lived at since 2006. They also claim that they called her about a year ago and because at that time she asked what it was about that qualifies as acknowledgement of debit and therefor renewed it. They now refused to work with her stating that a year ago she said she would call them back and never did. She does not remember this conversation. My question is, can they do this and is there any recourse we can take to stop it? Thank you.

Getting back on topic.

If the repossession took place 17 years ago, the SOL is likely past already which would be another FDCPA violation.

But you need to research when the last payment was made, when the car was repossessed, when the repossessed car was sold, etc. in order to confirm if the SOL applies in this case.

 

[Zigner]

Getting back on topic.

If the repossession took place 17 years ago, the SOL is likely past already which would be another FDCPA violation.

But you need to research when the last payment was made, when the car was repossessed, when the repossessed car was sold, etc. in order to confirm if the SOL applies in this case.

What does the SOL have to do with it? The OP's GF is dealing with a judgment that was recently renewed. That means that the original judgment was obtained over 10 years ago (at which point the SOL became irrelevant.)

Please do try to keep up and stop throwing out those red-herrings.

 

[FacelessMind]

I was able to find the case number and it looks like they did go through the Sacramento court. I think she is out of luck on this after looking at the paperwork but I do still have one question on it. It shows they have renewed the judgement. I'm wondering what the basis is they used to be able to renew it? I thought you had to have some kind of acknowledgment of debt to be able to renew it.

Former breach of contract/debt collection litigation background here (sorry in advance lol)... They judgement in most states is good for 7 years and can be renewed every 7. They can also garnish her bank account and tax returns with a judgement.

 

[Zigner]

Former breach of contract/debt collection litigation background here (sorry in advance lol)... They judgement in most states is good for 7 years and can be renewed every 7. They can also garnish her bank account and tax returns with a judgement.

California is ten years (as I alluded to above.)

 

[LdiJ]

Former breach of contract/debt collection litigation background here (sorry in advance lol)... They judgement in most states is good for 7 years and can be renewed every 7. They can also garnish her bank account and tax returns with a judgement.

They cannot garnish federal tax refunds for a civil judgment. Only tax debt, other government debt, student loans and child support can be garnished from federal refunds.

 

[racer72]

Former breach of contract/debt collection litigation background here (sorry in advance lol)... They judgement in most states is good for 7 years and can be renewed every 7. They can also garnish her bank account and tax returns with a judgement.

Only 2 states have a 7 year SOL and a total of 10 have an SOL of 7 years or less. 15 states have an SOL of 20 years, Ohio's is 21. Most states? Not really.

 

[questionforu2]

What does the SOL have to do with it? The OP's GF is dealing with a judgment that was recently renewed. That means that the original judgment was obtained over 10 years ago (at which point the SOL became irrelevant.)

Please do try to keep up and stop throwing out those red-herrings.

The OP stated the judgment was in 2013, now where did you see the OP posted in this thread that the original judgment was obtained over 10 years ago and that the 2013 judgment was a renewal....