Legal Question in Credit and Debt Law in Missouri

I have had a judgement against me for credit card debt and now my wages are being garnished. The problem is that I moved to Missouri in January and the lawsuit was filed in Florida, our previous residence. The first I knew of the judgement was when I received a package with the details from ADP the company who handles the wages for my employer. The Statute of Limitations have expired on the debt as it is 8 years old. Do I have any recourse?


Asked on 6/26/11, 8:45 am

1 Answer from Attorneys

Anthony Smith LawSmith

In missouri, the statute of limitatiosn on most credit card cases, where there is a writing, is ten years. In general, stattues fo limitation are the time in which the plaintiff has to fiel suit. Therefore, teh time ended when they fidl suit. You must see if they field suit in Florida in time . I am nto admitted to practice in Florida, so I cannto advise you as to that. However, in teh mean time, there is somethign you can do. If you can honestly declare yourself to be the head of household in Missouri, then teh amoutn being garnsihed goes from 25$ to 10% in most cases. There is a form that you can get from thr court to make that declaration, if they registered the case in Missouri. If not, then you may be able to get the garnishment stopped, as you are no longer a Florida resident. That is a matter of Florida law, so you will have to consult with a Florida Attorney, to see if you if or how you can do that.

Good luck

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Answered on 6/29/11, 1:31 pm


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