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cablaine · Aug 21, 2014, 07:06 AM

Last week my boss received court papers for garnishment of my wages. First of all this was 16 years ago the judgement. My question is can a company just all of a sudden 16 years later garnish my wages. I've had the same job for 9 years, and they have been tracking me for at least 5 years. Just garnish my wages and also make me pay the accrued interest when they chose to wait on garnishing my wages until I accrued $1600.00 in interest and then make me pay it. I want to file a motion to vacate this judgement do I have a leg to stand on

smoothy · Aug 21, 2014, 07:32 AM

Well #1 they DID win a judgement... and they have probibly kept renewing the judgement until they got something solid to go after recently. Which they can do indefinitely even over 30 years... I know someone that spent over 30 pursuing someone that had a judgement against before they were able to get what they were owed.

You've got zero chance of getting it vacated after 16 years. Just pay what you owe and get it behind you.

joypulv · Aug 21, 2014, 10:09 AM

It's a common misconception that there's a SOL on judgments - there isn't.
There is a SOL on getting a judgment. But clearly they got one, long ago.
After the recession hit in 07-08, lots of debt collection started up again.

AK lawyer · Aug 21, 2014, 10:11 AM

Depending on what state or country you are in, a judgment cannot be enforced after some amount of years has elapsed. Of course, normally the judgment creditor can renew the judgment, but (if the period has expired) they can't execute without doing so.

OP might consider asking that the judgment interest rate be reduced. It used to be (depending on the state) 8% or higher, but now that the prime rate is almost zero, it would make sense that it be reduced too. Judges go for a lot of wacky things under the rhetoric of equal protection; it might be worth a shot.

ScottGem · Aug 21, 2014, 10:57 AM

You have no grounds to vacate the judgment. Judgments usually expire in 7-10 years depending on area (Any question on law needs to include your general locale as laws vary by area). And in most areas they are renewable at least once.

The fact that a court issued the writ of garnishment should indicate it was legal.

I'm amused by your ire towards the judgment holder finally deciding to use a garnishment. Clearly you were aware of this judgment, but made no move to pay or settle. Yet when they try to collect their legal debt you get angry.

Maybe if you had tried taking responsibility for your debts it wouldn't have gotten to this.