Legal Question in Credit and Debt Law in Georgia

A garnishment does not happen until you lose a lawsuit. Once that happens, there is no statute of limitations. (Generally you are liable for the fake check scam, so that's probably why you lost the suit). You need to see a lawyer ASAP to determine if you have any defenses, and, if not, whether bankruptcy may be an option.

I have to agree with Attorney Ashman here. Not only did you make a bad decision in falling for a phony internet scam, you have gotten a little legal education and have gotten things confused.,

Neither the FDCPA nor the statute of limitations applies here. A judgment has already been entered in Georgia. Judgments last FOREVER. The ability to execute on judgments can be revived after 7 years. Judgments can remain on your credit report for 7 years. A GA judgment can be transferred to Florida or any other state in which you own property, registered and enforced as if it were a judgment entered by that state.

Regarding bank accounts, if you bank at a multi-state bank which has branches in GA, the writ of execution (called a FiFa) can be served on the GA branch and they can take money out of your bank account even though you bank in FL.

The only way to prevent them from levying on your bank account is if you do one of the following:

(1) don't use a bank account and get a pre-paid debit card;

(2) use a bank account, but only have exempt funds being deposited into it (like Social Security);

(3) if you have non-exempt funds and need a bank account, bank at an online bank like ING Direct, ready debit financial, ally or USAA (if you are a service member of the US Armed Forces or a military-dependent);

(4) failing that, bank at an out of state bank which only has branches in that state (like a Florida bank that is a state bank and only located in Florida) or at a very small community bank or credit union located 25-50 miles from your ho,me.

You do not indicate where you lived at the time the lawsuit was brought, when the lawsuit was filed or if you were properly served and what action you took, if any.

And you are wrong about not owing the money. If you deposited a phony check and used the money and then the check later bounced because it was phony, you have a duty to reimburse the bank for the money. You dealt with the thief so you are liable. Its not the bank's fault under the current status of the law (I take issue with that as banks could often protect less than intelligent people by refusing to cash the check but that is not how the law looks at it and you are liable). You should have worked out a voluntary payment arrangement if possible. You obviously did not so the bank or its assignee sued you. You then ignored the lawsuit, assuming you were properly served. You continued to ignore this so now the bank is attempting to recover on the judgment by seizing any assets.

While you live in Florida now, do you work as a W-2 employee or do you own any property still in GA? If you work, your wages are at risk as both Florida and Georgia allow wage garnishment. If you have property owned free and clear, it may also be at risk depending on value and how it is titled.

You should begin by doing what you should have done from the get go and try to resolve the debt. If you cannot afford to pay in full, then what about settlement in a lump sum? How much is owed? How much can you pay? If over $10,000 is owed, maybe you want to file bankruptcy if you can file a chapter 7. How long have you lived in Florida? There are time limits - you have to reside in the new state for 6 months if you want to file bankruptcy there. If so, you may want to consult a FL bankruptcy attorney or wait if your 6 months will soon be up. You also may want to consult a GA bankruptcy attorney if the 6 months are not up. Different states have different exemptions for bankruptcy purposes and while FL has a better homestead exemption, I don't know what all you own and it would be better for you to get educated on the bankruptcy process in each state.