Check out some similar questions!

suzanne1229 · Nov 30, 2007, 08:08 PM

My husband received a judgement from Nassau County with an index # stating that this is from a credit card collector and the credit card company that he had was from over 10 years ago. I don't know the ny nassau county law, but isn't it after 6 years they cannot come after you and want to take it out of your salary 10%, can they do this? The amount is only for $827.00.

ScottGem · Nov 30, 2007, 08:32 PM

Did he receive a notice of a default judgement being awarded or was it a request for a summary judgement? You need to be sure what you received.

If it's a notice of default judgement didn't you get any summons or other notice about it?

As for the statute of limitations, it is 6 years but that is usually from date of default.

If he got notice of a suit and ignored it, they were probably awarded a default judgement without presenting the facts of the case.

So you need to first be sure of what you received so we can tell you what you need to do.

suzanne1229 · Nov 30, 2007, 09:09 PM

It just says Income Execution telling him that they want to take 10% out of his paycheck. And if he doesn't do it on his own they are mailing it to his job to take it out of his pay . We never received any notification on thi until today. It is from a collection agency - Palisades Acquisition in interest to HouseHold Bank.The letter has a stamp from the county office. There is no seal, but I know the address on Old Country Road. In Mineola. The Enforcement Officer, is the Sheriff, Marshal of the City Of New York or Villiage enforce income Execution. But like I said this just came today and was entered 7/14/2004 but he has not used this account or seen any letters of this credit card company in many years, Should I answer it, or not, or can they take his pay. What should I do. Does he have right with this.

ScottGem · Dec 1, 2007, 07:43 AM

Some of this doesn't make sense. I've never heard of a creditor giving the debtor the option of voluntarily paying rahter than filing a garnishment. That would lead me to believe that it's a scare tactic. On the other hand, I don't see them paying a sheriff to deliver a scare tactic.

So I think your first task is to check with the Nassau County court and determine if a) a judgement was entered against your husband (probably in July 2004) and b) whether the garnishment order is valid from that judgement.

If you find the answer is yes to both, then you need to determine a couple of things. The main thing to determine is whether you were properly notified that the judgement was entered. This might be hard since it was more than 3 years ago. If you were properly notified and just ignored the suit or actually lost it, then you are stuck and you need to pay.

If you think you can prove that the judgement was entered without you being properly informed, then you can file a motion to vacate the judgement on the grounds of improper service. If you win that, they will probably refile they will then have to prove that the debt is valid and that they STARTED the suit within the SOL.