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mcleanadrienne · Jun 19, 2008, 06:54 PM

I am really angry that a credit card company has issued a wage garnishment via court order to my job of seven months, It pisses me off that this debt is five years old and they continued to charge me all kinds of late fees after several years has passed with no contact. I can't AFFORD TO HAVE 10% OF MY PAY TAKEN. I am a single mom with two teens and I earn very little . What can I do to erase this court order?

ChihuahuaMomma · Jun 19, 2008, 07:00 PM

Pay them. They have the right to garnish wages after you've not paid your five year old debt.

Fr_Chuck · Jun 19, 2008, 07:07 PM

Well a few things, first for 5 years you have gotten bill after bill, phone call after phone call. Next they can not just get a judgement, you had to be served notice of a court hearing and chose not to go and defend yourself, that was the chance you had to prove you did not owe the money.

Ways to stop
1. if this debt was over the Statue of Limitation for that type of debt in your state take them back to court and ask for it to be dismissed.

2. if you were not properly served take them back to court and ask for the judgement to be dismissed for lack of proper service ( they may refile normally)

3 take them back to court and prove you don't owe the debt or that it has been paid

slowandeasy · Jun 20, 2008, 08:49 AM

Well first of all why should you be angry? It is your debt and like Fr_Chuck said you got letters,calls etc and a court hearing and if you did not go to defend yourself that is how the creditor got the judgement . Follow the advice given above because this will not go away by it self

ScottGem · Jun 20, 2008, 08:57 AM

I think the people here missed the "no contact" point in your post. But I have to agree that you have little if any right to be angry about this. This is a debt YOU incurred. Did you think it would just go away on its own? Why should you be pissed off that they finally tracked you down and want THEIR money.

That being said, what's not clear here is whether you were aware that they had obtained a judgement against you. If you were not aware of this, then you have some recourse. If you were aware they filed suit and you did nothing to fight it, then you are stuck.

If you received no notice of them filing suit, then you can go back to the court that issued the garnishment and file a motion to vacate on the grounds of improper service. However, all this will do is buy time. If they can't prove that you were served notice of the suit properly, the court will vacate the judgement and rescind the garnihsment. However, they will just refile. If they can prove the debt is valid, they will get a new judgement and refile suit.

TheCleaner · Jun 21, 2008, 07:23 AM

I guess you didn't show up in court the first time... What is your state ?

If the statute of limitation has expired you can file a motion to vacate and get all your money back, you can even contra sue them for damages.

Besides the proper service you also definitely need to check on the SOL on your state laws.

Carl.-