Is this garnishment legal?

[Decormastud]

MIchigan, Last month my bank account was levied. The debt collector had a writ. The issue is the judgement was for $1,000 in 2009. In 2016 we received a letter from the credit card company stating they were charging the account off due to how long it had been. Then out of nowhere last month we are garnished for $12,000 for the original judgement and interest. Is this legal? Also 10 years is almost up on the judgement in Michigan and I know that is how long a judgement is for, can I put my wages in my husbands non joint account and not have it garnished. They have levied 1,500$ already.

 

[adjusterjack]

1 - A charge off is just an accounting thing. Doesn't relieve you of the debt.
2 - The judgment was still within the enforceability period of ten years so the levy was certainly legal.
3 - Keep your money out of your account but it would be unwise to put it in your husband's account. Hiding assets from creditors could result in your husband's account being levied. He would be wise to close his account and change to another bank.

 

[Decormastud]

Another question I had was about the interest, the credit card company had the account until at least 2016 and had no interest on and did not even mention a judgement. Then in 2019 this other company took it and asked for interest and judgement for the entire 10 years. Can they get all the interest even though it was not their account the whole time.

 

[PayrollHRGuy]

Yep

 

[adjusterjack]

Credit card balances accrue interest until they get paid. That's in the credit car contract. Plaintiffs are awarded post judgment interest that accrues until the judgment is paid. That nobody "said" anything about it doesn't change the fact that you owe it.