Wage garnishment after SOL has expired (funds, payment, dispute, suing)

[benefic]

Along with what smitty wrote - the OP was possibly improperly served and can appeal the judgment.

What is the date of the judgment on record?
What is the date of garnishment?
PLUS it is SOL and it HAS to be thrown out of court.

[Woof Woof Woof!]

You probably had a court take which you didn't bother going to.

Debt collectors are taking debtors to court nowadays. Of course, they can rarely prove anything, but they are betting on the fact that you don't show up, so that they can win by default!

W.

[phaemoore]

Here's a question that I can't find an answer to anywhere!

If I win my case and my wages were garnished erroneously, what do I do to get the money back that the collection attorneys already took?

[desertsun41]

Originally Posted by phaemoore

Here's a question that I can't find an answer to anywhere!

If I win my case and my wages were garnished erroneously, what do I do to get the money back that the collection attorneys already took?

Pray.

[Dave1215]

Originally Posted by phaemoore

Here's a question that I can't find an answer to anywhere!

If I win my case and my wages were garnished erroneously, what do I do to get the money back that the collection attorneys already took?

If the garnishment actually occured, then there most likely was a valid legal claim. Granting of a garnishment order is a court action and the courts would only issue that if there was an actual case filed with an actual judgement against you.

Someone can't just decide they want to garnish another - its a legal claim thru the courts.

So, (I'm not an attorney), I would suggest going to the clerk of the court that issued the garnishment order, telling your story and they will check the file to insure its valid (which my guess is it is)

[benefic]

Yes the garnishment is a legal claim. However the money can most likely be reclaimed from the consumer if they sue the collection agency/attorney. Depending on who they are - the consumer may not get the money returned to them. But it is possible and money has been returned in a court of law.

[Sunny-Days-in-Florida]

Depending on the state no way should any garnishment occur after the SOL has expired.

MOST IMPORTANT!

Depends on a lot of factors, was the date the suit was filed before the SOL date? If so then they can, if not, they cannot collect on it.


No court can sign any garnishment if it was legally past the SOL.

[Sunny-Days-in-Florida]

Originally Posted by amymac

I have recently been notified that my wages have been garnished. It is from an old credit card back in 2001-2002. There is a lawyer representing the credit card company in Atlanta.

They filed for wage garnishment but i work as a waitress so i don't receive a paycheck. My hourly wage of $2.00 goes to taxes. The restaurant send back that i don't receive a check and now the lawyer has filed a judegement against the restaurant for not garnishing my wages even though i don't get a check.

I pulled my credit report and this credit card is not on there so i couldn't get the DLA. I am thinking the date should be Feb 2002. My question is how do i stop this garnishment? Since it is past the SOL can i stop the garnishment? Do i need to see a lawyer? Any advice would be great.

Thanks

Wait a minute, did you show up in court to fight this? You had to know they filed a judgment against you.
They have to file against you first, and if you did not show up, you automatically LOSE.

Again depends on date of lawsuit.

People need to show up in court to fight lawsuits, dont you all know if you do not show up you LOSE and they win????

[kratakoa]

A portion of your wages are protected look up title 15 of the us code chapter 41 sub chapter II sub section 1673 this has the federal restrictions on garnishments.

[kratakoa]

contact the department of labor they handle that. And just because a judgement has been entered dose not mean that the garnishment is being executed as required by law.