Legal Question in Civil Rights Law in California

Statue of limitations?

I had a garnishment placed in 1990 in Maryland and just recently they garnished 300.00 more in California. I called the lawyer who said all but the 300.00 was paid and so they garnished the last amount. 1 after all this time is this legal? 2. Are they to notify me before hand? I now live in another state, is that legal? I am almost positive the repo was paid in full and I had a letter stating so, but I dont know if I can find it. I have only been in California for 3 years-what about the 6 years I was still in Maryland? I never received a notice.


Asked on 8/29/07, 12:44 pm

1 Answer from Attorneys
Amy Kleinpeter Clark Kleinpeter Law

Re: Statue of limitations?

Statute of limitations on a judgment in California is 10 years, but they can renew it. My understanding (could be wrong) is there is no need to warn before garnishment -- seems unfair, but otherwise you would have emptied your account, right? I mean, I sure would have if it were me!

Your best bet is to find any paperwork regarding the repo being paid in full. If you can prove that you may be able to sue for some type of wrongful collection practices.

If you cannot find that letter (maybe even if you can) demand a letter stating the account is paid in full from this collection attorney.

-- Amy Kleinpeter

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Answered on 8/29/07, 3:04 pm


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