Legal Question in Credit and Debt Law in Virginia
Collection that past 6 years old
I have a coolection agency that called me about a debt that is over 6 years old. They has picked it up from another collection agency and are going to try to garish my wages. I am not in the state of VA. I reside in TX . If they are granted the judgement. How much can they garish of my wages? What can i do to stop the garishment, when I am in TX and they are suing from VA?
2 Answers from Attorneys
Re: Collection that past 6 years old
The creditor must first obtain a valid judgment against you before attempting to secure a garnishment of your wages and, if you reside in Texas, this may not be possible. However, if such a judgment were obtained in Virginia, it would likely have to first be properly registered with the appropriate court in Texas before any garnishment of your wages could issue from there to your Texas employer.
If you somehow become involved in the Virginia proceeding, you should affirmatively plead the statute of limitations as your defense in the beginning of the case (in your Answer and Grounds of Defense).
Garnishments of wages are usually limited by state law to approximately 25% of an employee's net salary after all required deductions.
Re: Collection that past 6 years old
Wage garnishment is not available in Texas. If the debt is a consumer debt and is time-barred, threatening suit may be a Fair Debt Collection Practices Act violation, entitling you to sue the debt collector. It may also be a violation to sue in VA if you live in TX, unless the debt was incurred in VA. Certainly do not do anything to admit the debt, and if they sue, get counsel in VA to defend you. And tell them in writing to cease communications with you - if they don't, you have another basis to sue them.