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nikenoc · Nov 25, 2006, 08:06 AM

Hi, my husband just got garnishment against his wages on something that happened 8 years ago. First of all, is there a time limit on how long they can do that? And secondly, if we have money in the bank, can they do take that to? Thanks

mr.yet · Nov 25, 2006, 08:09 AM

Is this from a judgment?

What state do you live?

If you have money in the bank under a joint account you better remove it, if they find it they will take it. Open a account under your name only.

nikenoc · Nov 25, 2006, 08:14 AM

It's a wage deduction notice. It says the court shall be asked to issue a wage deduction summons against the employer for wages due or about to become due. We live in illinis

mr.yet · Nov 25, 2006, 08:17 AM

Check the court rule in your state about garnishments, File motion with the court to quash the garnishment. This will delay enforcement for now.

Did someone get a judgment against him 8 years ago??

nikenoc · Nov 25, 2006, 08:23 AM

Yes, ford motor company. But he lost his job, worked part time up in till 3 years ago. And then just now sent us this letter a few days again. He co-signed for our daughter and then she couldn't pay for it. Is there a time limit on how long they can do this?

mr.yet · Nov 25, 2006, 08:26 AM

CHeck on SOL,
What type of contract was it.

Illinois Statutes of Limitation

Breach of contract for sale under the UCC: 4 years.

Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.

Domestic judgments: 20 years, but can be renewed during that 20-year period.

Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.

Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.

Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

nikenoc · Nov 25, 2006, 08:34 AM

I don't understand, it was a car loan, so what kind of contract does that apply to?

mr.yet · Nov 25, 2006, 08:44 AM

You would have the reaad the original contract.

Why didn't they go after the daughter?

He co=signed the loan, the daughter should have the same against her?

Contact an attorney in your area.

Fr_Chuck · Nov 25, 2006, 12:47 PM

No, the lender does not have to go after each party of the loan equally, they go after the one where they think they can get the money.

It is very common for the actual borrower to have no money but the co-signer ( because they have the credit and income) to be the first to get a judgement against

nikenoc · Nov 26, 2006, 09:19 AM

Thanks to the both of you for your help.