Legal Question in Credit and Debt Law in Michigan
Statue of limitations before garnishment
Recently, my payroll check has been garnished for a debt that I was unaware about that is not on my credit report that I recently got a copy of. This debt is from 1996, when does the statue of limitation run out on old debt. What does it mean when people say after seven years it should come off of your credit report? Is it legal for them to garnish your wages after so much time has expired?
1 Answer from Attorneys
Re: Statue of limitations before garnishment
The statute of limitations expires after six years in Michigan, but renews any time you make a payment to the creditor. If the creditor sued you and got a judgment, it is good for ten years and can be renewed for an additional ten years. It is usually a losing propositiion to argue that you were not served with a copy of the lawsuit unless the creditor served you at the wrong address and had knowledge of your then present address or there is some other compelling reason why you could not have been served such as you were out of town. You will need to check the court record. A court garnishment expires after 91 days but can be renewed. You might want to call the creditor's attorney and negotiate monthly payment arrangements.
Good luck.
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