Can my wages be garnished for a credit card debt from another state that has a 3 year statute of limitations?

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I Lost my job in 2001 and stop paying my credit cards.....i received a paperwork in 2007 stating i was being sued for one of the credit card debts. I received a legal documents today stating my wages will be garnished...the initial suit was way beyond the 3 year statute of limitations.

Attorney Answers

3
Leonard Boyer ·
To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced Bankruptcy attorney. Use 's Find a Lawyer tool to select a qualified attorney. Good luck.
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Lawrence Karandreas ·
There is not enough information to properly address your question. If a judgment was entered in this state, that judgment can be renewed every 5 years until satisfied. If a complaint was filed against you and you allowed the creditor to obtain a default judgment without raising the affirmative defense of the statute of limitations, then you are more than likely stuck with the consequences of allowing the lawsuit to become a judgment. Because there are so many permutations as to what you may be able to do, I strongly urge you to speak with a bankruptcy attorney and schedule a consultation. Many attorney's offer free initial consultations. Good luck.
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Theodore A AgnickDUI / DWI AttorneyTempe, AZ ·
You can challenge the wage garnishments on several grounds including the judgement is not against you or your earnings are exempt. Challenging the law suit on the statute of limitations is a defense that must be raised during the law suite. You cannot challenge a garnishment by raising a statute of limitations issue. You might be able to challenge the judgment depending on how much time elapsed since the judgement was granted, but even then you have limited grounds to attack the judgment. You can be garnished up to 25% of your wages every paycheck. So I recommend you consult with a lawyer to evaluate all options.
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