Legal Question in Credit and Debt Law in New York

Credit Card Debt

It is my understanding that New York has a statue of limitations of 6 years that a collection agency can go after you for a debt. I received a letter a few days ago that they are going to garnish my wages. Is this allowed or legal? My income is only a part time job making $7.21 an hour. I would appreciate you getting back to me as soon as possible


Asked on 3/12/07, 1:58 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Credit Card Debt

Garnishment is possible after a judgmnet. That means there was judgment against you by default most likely.

Go to the court to find out more about it and ask them for a pro se Order to Show Cause to vacate a default and lift a judgment.

Good Luck

RRG

Read more
Answered on 3/12/07, 2:29 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit Card Debt

It is possible that the collection agency is trying to scare you into paying...if they did not sue you there cannot be a garnishment of your wages. First, collection agencies don't sue, attorney firms sue. If you did not receive a summons and complaint and have no knowledge that a law suit was commenced against you, it is possible that the collection agency is trying to bully you. You should go to the court where the law suit against you most likely would be commenced, (the civil court in your town) and try to find out if a judgment was ever entered against you. If so, Mr. Groezinger's advise is correct. Good luck

Read more
Answered on 3/12/07, 2:58 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York