Legal Question in Credit and Debt Law in Georgia

I would like to know if it is possible for a third party creditor to collect on a 13 year old debt? Is it against the law to garnish wages with out a summons, and what about your employer that doesnt't noifiy you about a garnishment that has been placed on your payrole. Do you think this situation be handle by a lawyer?


Asked on 9/05/09, 9:36 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Regarding the first sentence, maybe. It depends on the state law that governed the contract. Also, if the creditor sued and won at some point, they have potentially ten years from that judgment to collect.

Your question about garnishment makes no sense, as the very form that starts a garnishment is a summons. While an employer MAY tell an employee, they have no legal obligation to do so. What I suspect confused you is that you do NOT get a summons.

Once there is a garnishment, a pertson has waited way too long for a lawyer, as he has already lost a lawsuit (a garnishment simply carries out the judgment).

There are two choices in a proper garnishment. Pay the money. Or get a lawyer and go bankrupt to stop it (assuming one qualifies to file). If you are thinking bankruptcy, feel free to call me.

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Answered on 9/10/09, 9:44 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

A garnishment means a judgment has been entered. If it is still a valid judgment, it does not matter how old the debt is. Presumably, you knew about the garnishment when you got the check. The time to handle the situation would have been before a judgment was entered.

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Answered on 9/10/09, 9:47 pm


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