Can CAs garnish wages, contact employers, etc. for debts that are out of SOL?

[blackstarr168]

Have they done, and can they do this legally?

[razr]

If they have a judgment, yes.

-r

[isislc]

If they do have a way of garnishing you the only way to stop a garnishment is if you reply to a garnishee response. The CA serving you with garnishment papers likes to conveniently omit the response letter from the packet to make you unaware of your rights. In the response, there is a set of defense responses to why you CAN'T be garnished. This can range from postponing 3 months to indefinitely. Just an FYI.

[CarolinaBlueEyes]

Please post your state.. its helpful to know where you are.. some states dont have garnishment.. so a state would help us know what laws we are dealing with

if you have been sued and they recieved the judgement yes they can garnish at that point.. why not leave more info so we can answer your question with a little more detail

[blackstarr168]

Please post your state.. its helpful to know where you are.. some states dont have garnishment.. so a state would help us know what laws we are dealing with

if you have been sued and they recieved the judgement yes they can garnish at that point.. why not leave more info so we can answer your question with a little more detail

I am in California. Can a CA garnish without judgement? Thanks.

[CarolinaBlueEyes]

no, they have to go to court in the county you live. You would recieved a summons. They can't just garnish there is a legal process

[Patrick23]

I thought that once SOL has passed, you were home free and the debt could not be collected. Is this not the case?

[reno2360]

You can still be taken to court if a debt is SOL. It is your responsibility to show up to court and use the SOL as a defense.

Many CA's will still file as it is a way to get an easy default judgement. They count on people not showing up and losing by default. There are many default judgements awarded involving SOL debts simply because the defendent did not show up.

[Ahntara]

"...once SOL has passed...the debt could not be collected..."

SOL has nothing to do with collection efforts. It concerns legal avenues to recover money owed (lawsuits) and the implications if the lawsuit is won (wage garnishment, seizure of bank accounts and attachment to real property). SOL varies by location and account type.

Unless your state has a Statute of Repose, which extinguishes the validity of debts, collection efforts can continue.

[vali1961]

Which states have a Statue of response?

[vali1961]

Repose that was......Sorry

[CarolinaBlueEyes]

there are two.. Mississippi and I THINK the other one is Kansas (its not texas).. in short they can chase or file suit until you die.. its up to you to show up and use the SOL defense or they will get a default