Legal Question in Credit and Debt Law in California

had a car repossesion 14 years ago and got a lien against my bank account. they garnished 8500.00


Asked on 1/31/12, 6:51 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

To obtain a levy on your bank account, they had to have obtained a judgment against you. Judgments are good for 10 years, and can be renewed for another 10 years, so theoretically, they could have obtained the judgment 13 years ago (more or less) and are just now finding and levying your bank accounts. If, however, they obtained a judgment recently, the statute of limitations probably ran on the claim before they filed suit, but you have to figure out if you can set aside the judgment. You have only six months from the date a default judgment is entered to set it aside, so you need to do some research on the judgment, and then probably consult with a local attorney regarding setting aside the judgment. If the judgment is more than six months old, you are likely stuck with settling this debt.

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Answered on 2/02/12, 3:23 pm


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