Legal Question in Civil Litigation in New Jersey

Can my wages be garnished for a hospital bill that is 18 years old.

Asked on 2/05/16, 12:59 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

The issue for a garnishment is not the age of the bill but the date of the judgment. In order to garnish wages, a creditor must first obtain a judgment through a lawsuit. If the debt is old, a valid defense is that the limitations period has been exceeded. There are complexities to applying the limitations period, But the general rule in New Jersey is that suit must be brought within six years of the dishonor of the debt. If the debtor does not defend the suit, a judgment will be granted to the creditor. That judgment can be enforced for 20 years and can be renewed. Your question implies that a judgment has been granted against you. If that is true, you have no more than one year in which to ask to have the judgment vacated so that the court can consider your defenses. Failing that, the judgment will stand and the creditor can garnish your wages.

See also:

Read more
Answered on 2/06/16, 7:45 am

Related Questions & Answers

More General Civil Litigation questions and answers in New Jersey