Legal Question in Credit and Debt Law in Maryland
Notification requirements before garnishing wages
I have an outstanding debt from 1988/1989 with an original balance of $2K. The company received a judgement around 1989/1990 for $3800. I moved from Maryland in 1986 and did not return to contest the judgement. This was reported on my credit report for 7 years (until 1997). I had not received any communication related to this debt since 1990 until 9/18/00 when I received a letter stating the Baltimore court had issued a writ to garnish my wages. My questions are: 1) Can they do this after 10 years without notifying me first and 2) what are my legal options to resolve it without wage garnishment?
2 Answers from Attorneys
Re: Notification requirements before garnishing wages
Judgments become legally "stale" and unenforceable after the passage of time, often 7 years. Most states have a simple procedure for reinstating the Judgment for another 7 years, but not all.
It is quite possible that the company is attempting to buffalo you into thinking they have a valid Judgment when they do not.
One familiar with MD laws will have to advise you concerning the life of a Judgment in that state.
If you are still bound by the Judgment, then contact the creditor and inquire as to what arrangements can be put in place to take care of this obligation. But do this only after you are sure you still owe the money.
Re: Notification requirements before garnishing wages
Do I correctly presume that you are now in TX after having a default judgment against you in MD? If so, we would need to determine whether or not the judgment is still active or has been renewed. No permisssion or notice is required for the creditor to renew a judgment. If you are in TX, no wages can be garnished here. If "they" are making this threat against you, they may be violating Fair Debt Collection Practices Act laws (a Federal Law). If you want further assistance with this matter, call me at 1-877-320-5232
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