Legal Question in Credit and Debt Law in New York

Income Execution on a debt more than 10 years old

My wages have just been garnished on a debt of more than 10 years old from NY. I haven't lived in NY in 10 years. I have received no judgment, no notification, NOTHING. Now I am living in Georgia and hit with an Income Garnishment. Can this legally be done.


Asked on 4/13/07, 10:49 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Income Execution on a debt more than 10 years old

If you have received no judgment, complaint or other pleadings, no one here can guess what is out there or guess what can legally be done. Start with any information you can get from the garnishment and track back from there.

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Answered on 4/13/07, 11:00 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Income Execution on a debt more than 10 years old

Yes. On a default with a sum certain you need not receive notice of the judgment. You were so advised in the summons. Judgments are good for at least 10 years.

The best you can do is go back to the court where the judgment issued, and attempt to vacate it by order to show casue and have the executions stayed.

Good Luck

RRG

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Answered on 4/13/07, 11:07 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Income Execution on a debt more than 10 years old

There MUST be a Judgment. You don't necessarily have to "receive" it for there to be one. As Mr. Riddle said you have to find out where the matter is pending and review everything on file in the court to determine if the procedural steps taken were correct. Since you live in GA, you should ask a GA attorney for assistance...

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Answered on 4/13/07, 11:09 am


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