Wage Garnishment question

[jadedwriter]

I am in a very confused state. I recieved a wage garnishment order in the mail over the weekend on a judgement they say they recieved in October of 2003. The company suing me is a payday loan company on a loan they say I defaulted on. I vaguely remember getting paperwork in 2003 from them---and I remember that the case was thrown out of court at the time---I was not working and there were no wages for them to garnish at the time. Now they have added on $767 in finance charges for the 7 years since the supposed "judgement" was put in. I monitor my credit reports and there has never been a judgement on my credit from this company, I have not recieved any other letters from this company in the 7 years either. I don't have the paperwork from the original court date as I have moved in that time. Can I be liable for 7 years of finance charges on this?

 

[army judge]

I am in a very confused state. I recieved a wage garnishment order in the mail over the weekend on a judgement they say they recieved in October of 2003. The company suing me is a payday loan company on a loan they say I defaulted on. I vaguely remember getting paperwork in 2003 from them---and I remember that the case was thrown out of court at the time---I was not working and there were no wages for them to garnish at the time. Now they have added on $767 in finance charges for the 7 years since the supposed "judgement" was put in. I monitor my credit reports and there has never been a judgement on my credit from this company, I have not recieved any other letters from this company in the 7 years either. I don't have the paperwork from the original court date as I have moved in that time. Can I be liable for 7 years of finance charges on this?

I doubt it that this is a real garnishment.
It is an extortion attempt.
If someone wanted to attach your wages or bank account, they don't warn you.
They just do it.
You'd find out once your funds are frozen or wages are affected.

These types of actions usually come from a law enforcement official after they've levied against your account, attached your wages, or seized your stuff.

If the communique you received came from a debt collector (Google their name) it probably isn't legitimate.
More than likely, its a scam.
The debt collector wants you contact them.
They want to get YOU to start the statute of limitations.
You're probably protect by the tolling (passage/expiration) of the SOL.

So, don't communicate with these crooks.
Contact the courts on your own to see if there are judgments where these con-artists claim.
And, don't allow these extortionists to trick you (or scare you) into sending them any money.
That is the worse thing you can do.
That starts the SOL all over again!

Bottom line, don't pay these scammers a dime!

 

[jadedwriter]

more info

Even though on the letter sent to me (which was copies sent to me by my employer) it says the return court date is July 16,2010, my employer started the garnishement already. How do I stop this and fight this?

 

[mightymoose]

Show the 2003 date on the order to the employer and encourage your employer to seek legal counsel... they likely can't act on such an old order. If you are due back in court this month then you should consider arguing that the statute of limitations has passed and a judgment can no longer be made against you.

 

[army judge]

Even though on the letter sent to me (which was copies sent to me by my employer) it says the return court date is July 16,2010, my employer started the garnishement already. How do I stop this and fight this?

Hire a lawyer, if you can.
But, no matter what, do not miss that court date.
Do research on garnishments and debts, if you don't hire a lawyer.
You'll need that in court.
Don't blow this off, or it'll end up blowing you off.



The statute of limitations is on your side.


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