Settle or has the Statue of Limitations expired

[cgh_slw]

I am in Florida (specifically the Tampa area). I had a Citi CC years ago that now is with a attorney office hired by Citi. The debt is very old. They began reaching out to me in February 2012 to collect the debt. I am trying to remember all the details, but I know I tried to postpone by asking for a dismissal, which was denied in October 2012. Then in February of 2016 I get a notice of garnishment of my wages. Never received anything there was a court date. They began garnishing my wages in March of 2016 until I filed for them to stop due to my husband losing his job. The judge granted garnishes stopped in July 2016. Now they are coming after me again for a deposition in March 2019. I have already paid them over 30% of the original debt and wrote a letter in July 2017 to ask this be settled. I never received any response. What course of action do I have at this point. In FL the statue of limitations is 5 years. Can they still come after me?

 

[Zigner]

The statute of limitations is irrelevant since they already have a judgment. What course of action do you have? I suppose you could pay what you owe... Yes, they can still come after you.

 

[adjusterjack]

Can they still come after me?

Yes. A judgment in Florida is enforceable for 20 years.

Now they are coming after me again for a deposition in March 2019.

It's called a "debtor's examination" where you will have to reveal, under oath, your employment information, your income amounts and sources and your assets and bank accounts and their amounts and locations.

What course of action do I have at this point.

Well, one option is to file bankruptcy. Another option is to offer a discounted lump sum cash settlement. Don't expect the creditor to agree to a payment plan in lieu of wage garnishment. You've already proven that you won't voluntarily make payments so there is no reason for the creditor to trust you when he can just take it out of every paycheck.

You may still qualify for the garnishment exemption even if your husband is working:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0077/Sections/0077.041.html

However, the sooner you get this debt paid the sooner interest and attorney fees stop accruing.