Legal Question in Credit and Debt Law in Arizona

My husband's wages are being garnished by mid land funding and we never received any summons or court papers and he has never been served. We do not know what the debt is. My question is can a company come after you for a debt that is over 7 to 10 years old and sue you and also garnish your wages. Is this legal? can they pursue you if you never been served with court papers.

Asked on 3/17/11, 3:23 pm

1 Answer from Attorneys

Richard Groves Law Office of Richard Groves

Midland Funding is one of the most notorious "bad debt buyers"....their collection practices can often times very improper.

As to your questions, (1) There can only be a valid garnishment if there is a valid judgment. (2) There can be no valid judgment without lawful service. If your husband was not properly served, then the judgment (and the garnishment) can be set aside. (3) The statute of limitations on a credit card debt in Arizona is, at the worst, six (6) years. If the last charge, or last payment of a debt is more than six years prior to the date of the judgment, the statute of limitations would prevent the judgment from being valid, and again, the judgment (and garnishment) can be set aside.

You should immediately contact an attorney who is experienced in defending against credit card lawsuits to review your husband's situation and advise as to what can be done.

If you would like to meet with me, call my office and they will set a free consultation for you.

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Answered on 3/17/11, 4:37 pm

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