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Home > Law > Small Claims   »   garnishment

 
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Old May 14, 2008, 08:04 PM
southerncom45
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I was informed by a law firm that my wages would be garnished for a debt I know to be 8-10 years old. I had worked out a plan to pay them with installments but my wife was laid off and I fell behind with the payments. Do I still have a legal leg to stand on regrding SOL if I attempted to repay in installments. What are my options?

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Old May 15, 2008, 05:08 AM   #2  
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Quote:
Originally Posted by southerncom45
I was informed by a law firm that my wages would be garnished for a debt I know to be 8-10 years old. I had worked out a plan to pay them with installments but my wife was laid off and I fell behind with the payments. Do I still have a legal leg to stand on regrding SOL if I attempted to repay in installments. What are my options?


This should be a new thread, not a "tack on." No one will see it.

It goes by State.

However, the creditor already has a Judgment (it would appear) and you made installment payments by agreement and they did not go ahead with the garnishment of your wages. Now you have breached that agreement and they CAN go ahead with the garnishment - or collect by any other legal means.

The Statute of Limitations refers to the original debt, the original lawsuit, the original Judgment and has nothing to do with collection of that debt. Judgments (depending on the State) are for a set number of years. In some States they automatically renew; in other States the creditor applies to renew them. Judgments can be good for 20 years which means the creditor has 20 years to attempt to collect from you.

Any lawsuit to collect a debt must be filed within X number of years of the last activity on the account - X varies by State. Again, nothing to do with collecting on a Judgment once it is obtained.

Was that your question?

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phylliswasson agrees: After reading many answers you blow off the main question and resort to VERY generic answers but there is no fee and you get what you pay for
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Old May 15, 2008, 05:33 AM   #3  
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There is a lot left out of your note. Is a judgement in place? If so, when was it awarded? Did you, in fact, make some payments toward the debt?

If we understand the current situation we can give better advice.
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Old May 15, 2008, 10:47 AM   #4  
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Quote:
Originally Posted by southerncom45
I was informed by a law firm that my wages would be garnished for a debt I know to be 8-10 years old. I had worked out a plan to pay them with installments but my wife was laid off and I fell behind with the payments. Do I still have a legal leg to stand on regrding SOL if I attempted to repay in installments. What are my options?
Going through the same situation for a relatively small amt. Didn't even know these bills existed.
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Old May 15, 2008, 12:16 PM   #5  
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phylliswasson agrees: After reading many answers you blow off the main question and resort to VERY generic answers but there is no fee and you get what you pay for.


What specific question that the OP asked would you like answered? Happy to answer in greater detail.
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