Legal Question in Credit and Debt Law in Georgia
Wage Garnishment
My wages are being garnished for a debt that is 18 years old and I would like to know how Ford Motor Credit can get away with this since the statute of limitations passed many years ago. I live in Washington State now and have for nearly 3 years yet the paperwork for my case was sent to an old address in Georgia, my employer informed me of this. I have no real documents and feel as if I'm fighting a ''ghost''. Do I need to hire a lawyer in Georgia? The garnishment is taking 25% of my check every pay period and this is putting a real hardship on my family. How can I stop this garnishment?
3 Answers from Attorneys
Re: Wage Garnishment
If you live in the State of Washington, here is my answer:
WA law controls. You need a consult with a local attorney who can review all the paperwork - the pleadings, the judgments/orders and determine whether they are valid or void.
This is not the first time - more like the tenth time this quarter I have heard from individuals complaining they are dealing with an unscrupulous collector.
You might enjoy budhibbs dot com. He has a lot of information on collectors.
You need to at least consult with an attorney here. Based on your zip code, I would recommend Jennifer Apitz in Auburn (I'm a little far away for your purposes).
Many attorneys do not charge for an initial appointment/consultation, because they don't want to promise the moon and the stars until they understand the issue. If they cannot help you, they'll tell you.
Hope this helps. Elizabeth Powell
Re: Wage Garnishment
As stated by Mr. Ashman, the statute of limitations does not apply to post-judgment action. Other deadlines and requirements do apply, but judgments normally last for years. One other note - beware of anyone, attorney or otherwise, who labels any collector (or anyone else) "unscrupulous" without knowing the most basic facts on which to base that "opinion." If you have a judgment against you, collection is to be expected, though it should be pursuant to the applicable laws. One obvious solution is to simply resolve your debt by settlement.
Re: Wage Garnishment
The statute of limitations is irrelevant. That is the date to file suit, and you previously lost a suit (a prererquisite to garnishment). That suit results in a judgment, and the judgment can be renewed, and collected by garnishment.
The remedies to stop a garnishment are (a) pay off the debt in full, or (b) bankruptcy may erase the debt and stay the garnishment.
Assuming there is a recorded judgment against you a garmishment is a normal and expected consequence.