Legal Question in Credit and Debt Law in Florida
I HAVE A ACCOUNT WITH A JEWELERY COMPANY THAT I CHARGED A NECKLACE ON IT ABOUT 5 YEARS AGO AND STOP PAYING ON IT ABOIUT 4 YEARS AGO. Due to me loosing my job.Can they garnish my bank account? they just called and said they were going too!
3 Answers from Attorneys
With a court order, a creditor may garnish the wages or bank account of a
debtor. Your account and agreement with the creditor generally enables the
creditor to pursue collection in the event of non-payment. Realize that creditors
will often threaten garnishment or other collection action to force payment or a
settlement of the debt. If the creditor has not yet sued you and received a
court order, it will take some time and expense to do so.
If they have a judgment against you, yes.
Written contracts are 5 years - oral are 4 . So if you have not paid in 4 plus years and the time is now tolling and they have NOT filed a judgment against you - then they can not go after your assets unless they get the contract tolling in on time. Looks to me they have discovered their error and are trying to get you to pay something. If you do, the time begins to toll again.