Legal Question in Credit and Debt Law in California

I wrote a bad check back in 2001 for a down payment for a car. I was just given a wage garnishment paper from this collection agency for the bad check I wrote over 12 years ago. Is that even legal?? I was under the assumption that it would drop off 7-10 years

Asked on 7/17/13, 8:04 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

You need to provide more facts. If you wrote a bad check, they might have sued you and obtained judgment. If so, judgments are good for 10 years in California and can be renewed indefinitely.

If they have a judgment, they presumably convinced a judge that you had been properly served with the lawsuit and you ignored it. That can't get a judgment without notifying you of the lawsuit. You should take to an attorney about reviewing the court's file to see if the judgment can be set aside.

You should also file a claim of exemption with the Sheriff's department to delay, stop or reduce the garnishment. Finally, you should call a local bankruptcy attorney for a consultation.

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Answered on 7/17/13, 10:24 am

John Laurie Gertz and Laurie

If you have a wage garnishment issued by a court then there is a judgment against you and you can file a claim of exemption. If there is a judgment then the party suing you had to serve you with a lawsuit. Feel free to call my office at 818 345-0123 if you would like to discuss this matter further

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Answered on 7/17/13, 11:26 am

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