Legal Question in Credit and Debt Law in Georgia

Wage Garnishment

My wages are being garnished for a debt that is 18 years old and I would like to know how Ford Motor Credit can get away with this since the statute of limitations passed many years ago. I live in Washington State now and have for nearly 3 years yet the paperwork for my case was sent to an old address in Georgia, my employer informed me of this. I have no real documents and feel as if I'm fighting a ''ghost''. Do I need to hire a lawyer in Georgia? The garnishment is taking 25% of my check every pay period and this is putting a real hardship on my family. How can I stop this garnishment?


Asked on 7/13/07, 11:16 pm

3 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Wage Garnishment

If you live in the State of Washington, here is my answer:

WA law controls. You need a consult with a local attorney who can review all the paperwork - the pleadings, the judgments/orders and determine whether they are valid or void.

This is not the first time - more like the tenth time this quarter I have heard from individuals complaining they are dealing with an unscrupulous collector.

You might enjoy budhibbs dot com. He has a lot of information on collectors.

You need to at least consult with an attorney here. Based on your zip code, I would recommend Jennifer Apitz in Auburn (I'm a little far away for your purposes).

Many attorneys do not charge for an initial appointment/consultation, because they don't want to promise the moon and the stars until they understand the issue. If they cannot help you, they'll tell you.

Hope this helps. Elizabeth Powell

Read more
Answered on 7/14/07, 11:30 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Wage Garnishment

As stated by Mr. Ashman, the statute of limitations does not apply to post-judgment action. Other deadlines and requirements do apply, but judgments normally last for years. One other note - beware of anyone, attorney or otherwise, who labels any collector (or anyone else) "unscrupulous" without knowing the most basic facts on which to base that "opinion." If you have a judgment against you, collection is to be expected, though it should be pursuant to the applicable laws. One obvious solution is to simply resolve your debt by settlement.

Read more
Answered on 7/14/07, 12:18 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Wage Garnishment

The statute of limitations is irrelevant. That is the date to file suit, and you previously lost a suit (a prererquisite to garnishment). That suit results in a judgment, and the judgment can be renewed, and collected by garnishment.

The remedies to stop a garnishment are (a) pay off the debt in full, or (b) bankruptcy may erase the debt and stay the garnishment.

Assuming there is a recorded judgment against you a garmishment is a normal and expected consequence.

Read more
Answered on 7/13/07, 11:57 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia