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    anet07's Avatar
    anet07 Posts: 7, Reputation: 1
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    #1

    Aug 5, 2010, 06:13 PM
    Unpaid rent 11 years old they r garnishing my wages is that possible
    My wages r being garnished for unpaid rent 11 years ago is that possible
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 5, 2010, 06:20 PM

    Yes.

    What state are you in?
    anet07's Avatar
    anet07 Posts: 7, Reputation: 1
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    #3

    Aug 5, 2010, 06:24 PM
    Quote Originally Posted by AK lawyer View Post
    Yes.

    What state are you in?
    California
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    #4

    Aug 5, 2010, 06:27 PM

    California California
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 5, 2010, 06:33 PM

    To have a garnishment, they took you to court at some point and got a judgement, a judgement is good for @ 10 years and are easy to renew. ( judgement years vary by state but are that 7 to 10 years) After that they can garnish when they find where you work
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    #6

    Aug 5, 2010, 06:57 PM
    Quote Originally Posted by Fr_Chuck View Post
    to have a garnishment, they took you to court at some point and got a judgement, a judgement is good for @ 10 years and are easy to renew. ( judgement years vary by state but are that 7 to 10 years) After that they can garnish when they find where you work
    Court is next week garnishing already started never new of bill till few months ago I didn't owe 11 years ago they created bil and sent to there selfs
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 5, 2010, 07:57 PM

    No, they can not start garnishment until they already have a judgement, so they can't be going to court "next week" and be garnishing now.

    As your work place to provide you a copy of the court order for the garnishment. They can not garnish without court order.

    *** are they merely threatening that they are, most collection people lie about what they are going to do
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    anet07 Posts: 7, Reputation: 1
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    #8

    Aug 6, 2010, 03:22 AM

    They have judgement I responded with a claim of exemtion they are taking my money already I have court August 12 to prove my income
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 6, 2010, 05:28 AM

    You defaulted on your rent (or so they claimed). They filed suit and obtained a judgement. For some reason they were not able to locate you or you had no source of income until recently. They found your job and obtained a writ of garnishment to serve on your employer. Your employer has to honor the writ.

    Until and unless you can obtain a court order that exempts you, the garnishment will continue.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Aug 6, 2010, 06:13 AM
    Quote Originally Posted by anet07 View Post
    court is next week garnishing already started never new of bill till few months ago i dint owe 11 years ago they created bil and sent to there selfs
    Quote Originally Posted by anet07 View Post
    they have judgement i responded with a claim of exemtion they r taking my money already i have court august 12 to prove my income
    How did they get the judgment based upon an 11 year old bill? The claim would have been barred by the statute of limitations.

    Did they serve you with notice of the lawsuit? If they didn't properly serve you, you can move to set the judgment aside.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Aug 6, 2010, 09:13 AM
    Quote Originally Posted by AK lawyer View Post
    How did they get the judgment based upon an 11 year old bill? The claim would have been barred by the statute of limitations.

    Did they serve you with notice of the lawsuit? If they didn't properly serve you, you can move to set the judgment aside.
    Where did you get that the judgment was just obtained? What appears to have happened is they got the judgment a long time ago within the statute of limitations and, only recently found the OP or his job so they could serve a writ.

    That being the case, I think it would be hard to prove you weren't properly served that long ago.
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    anet07 Posts: 7, Reputation: 1
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    #12

    Aug 6, 2010, 02:00 PM
    I was never severed any thing until my work handed me a garnishment and started taking my money, going to court next week. Wish me luck.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Aug 6, 2010, 03:07 PM
    I was never severed any thing until my work handed me a garnishment and started taking my money, going to court next week. Wish me luck.
    Do you know when the judgment was issued? It could have several years ago. Are you absolutely sure you never received a notice? You can include improper service to try and get the judgment vacated?
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    #14

    Aug 6, 2010, 04:24 PM
    O OK the judgement was issued in 1999 could have got papers then just not sure today. How can come after me 11 years later, that's so wrong!
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    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Aug 6, 2010, 04:48 PM
    O OK the judgement was issued in 1999 could have got papers then just not sure today. How can come after me 11 years later, that's so wrong!
    Whether its wrong or not depends on whether you owe the money or not. If you did default on your rent that was wrong. Ignoring the summons was wrong. Not making any attempt to pay it back for more than 19 years is wrong.

    Trying to collect on a valid debt is not wrong.
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