Legal Question in Credit and Debt Law in Wisconsin
My wages are being garnished. When I called the company for information on the debt I was told it was from a judgement from 2003. I thought there was a 7 year statute of limitations for this. Is this true?
1 Answer from Attorneys
No, I am not aware of a seven year statute of limitations on collecting judgments in WI. However, even if the statute of limitations had expired, the creditor would still be entitled to sue you on the bill and potentially garnishee 25% of your net wages. Your lawyer, on the other hand, might be able to use the statute of limitations to your advantage in court, even potentially getting the case dismissed. However, if you are not represented by an attorney, the creditor could still potentially garnishee your wages regardless of how old the debt is, or obtain a default judgment against you. Regardless of these facts, anyone who is facing garnishments or other collections should consult with a bankruptcy attorney, since credit cards, payroll loans, medical bills, utilities, and other general unsecured claims are usually all discharged in single chapter 7 bankruptcy case for fees and typically ranging between one and two thousand dollars in Southeastern WI. A discharge in bankruptcy amounts to legal forgiveness of the debt and features a permanent federal court injunction against the creditor engaging in future collection activities, and it comes with severe penalties if the creditor violates it. My comments here generalizations which are applicable to similar situations faced by many, not advice applicable to your case, and offered for public educational purposes only rather than as legal advice for you. You should therefore retain a lawyer in order to meet your own legal needs, or at least schedule a private consultation with one, since I am not currently your attorney and will not be taking any action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. However, you are welcome to contact my Racine, WI office at 262-633-3090, see me on the web (www.jayknixonlaw.com) or email me at [email protected] with further questions. Web forum answers may contain attorney advertising materials.