Can your paycheck be garnished for a nine year old credit card bill that is identity theft?
serialmom12 asked:
I got a notice this was going to be done. I thought this was illegal, that your pay could only be garnished for child support, taxes, alimony and student loans.
I’m a victim of identity theft and a police report and a report with the Federal Trade Commission has been filed with all 3 credit reporting agencies. Also, isn’t the statute of limitations 7 years?
I need help desperately, should I contact a lawyer? I’m in Tampa FL.
Carlos
I got a notice this was going to be done. I thought this was illegal, that your pay could only be garnished for child support, taxes, alimony and student loans.
I’m a victim of identity theft and a police report and a report with the Federal Trade Commission has been filed with all 3 credit reporting agencies. Also, isn’t the statute of limitations 7 years?
I need help desperately, should I contact a lawyer? I’m in Tampa FL.
Carlos
Dawn
Your paycheck can be garnished by anyone who can get a court order to garnish your wages. So, the company that owns your bill, probably a collection agency, went to court and got a court order against you.
You should probably call a lawyer. Ask for a free consultation if possible, or at the very least find out what their charges will be.
Make sure you have all your documentation. Did you check your credit reports after filing with them to make sure they had changed their information?
Good Luck!
Gloria
In FL, the statute of limitations on credit card debt is 4 years. However, that is 4 continuous years of living in florida. If after 3 years, you moved out for a year, and are now back, the 4 years started over.
The SOL is a defense against a court judgment. The court judgment is a necessary step for the creditor to get a wage garnishment against you. And, yes, cc debt is eligible for garnishment – it isn’t just taxes and student loans.
If your debt is 9 years old, and you have not moved around, then the only way the cc company can get a judgment against you is for you to not show up in court. If this is a notice of court hearing, make sure you show up, dispute the debt, and show evidence of identity theft.
If you missed the court hearing, you probably should have a lawyer file a motion to have the judgment vacated (=set aside or voided).
Good luck.