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RHardy · Jul 11, 2014, 11:28 AM

Is it legal to have a garnishment issued against your job after the 4 year statue
Of limititaions has ran out against collection?

ScottGem · Jul 11, 2014, 11:36 AM

A garnishment cannot be issued unless there is a judgement in place. A garnishment requires a writ of execution issued by a court. To get a writ an judgment has to be in place. The judgment would have to have been filed before the SOL ran out.

If this has happened to you, you need to check with your job to get a copy of the writ of execution. This will include the docket # of the original suit. You can then go to the court and find out what happened with the original suit.

smoothy · Jul 11, 2014, 11:41 AM

It might be helpful to post where you are... because there is no 4 year limit on writs of garnishment most places I am aware of... and they can usually be renewed indefinitely with the court as long as its done before they expire.

The statute only applies for the original debt holder to file in court. It can be collected LONG after that time if they get a rulling in time. There is no statute applying to writs.....a writ if vaild for a certain length of time.....and it can be renewed over, and over if proper procedures are followed, could in theory be collected 60 or 70 years later.

I know a guy that won a case (uninsured drunk driving automobile accident)..got a writ...and 30 years later (last time I talked to him) was still after any assets they had acquired that were attachable (there was of course several renewals of the writ in that time) and he will go after their estate when they die if there is anything to be had.