idontevenknow

Garnishment attempt on old employer

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Hi, I tried searching the forums before posting this but couldn't find anything like my situation so I hope this isn't a repeat question. I'm in a strange situation so I'll just start from the beginning and then ask my questions.

A few months ago my neighbor told me he got a notice on his door from the post office about a certified letter for me at the post office. There was no information on the notice except a last name and first initial. So the thing is, I have previously lived in the house it was sent to, but so has my sister. The last name first initial matched both my maiden name and my sister's current last name, and we both have the same first initial. My neighbor just thought to tell me because he also happens to be my best friend and has known me since before I was married so he thought of me first when he saw the last name. So my sister and I take the notice to the post office and she goes in to claim the letter because neither of us have any idea why we would be getting certified mail but we both assumed it would be hers because I've been married over 11 years and I can't think of a reason I'd be getting certified mail with a last name I haven't used in over a decade. When we open it, we see it's for me. It's a notice that Midland sent my company a summons of continuing garnishment. But I don't have a job. And also, garnishing for what? The company they sent the summons to is one that I contracted for on a temporary basis like two years ago, and when I contracted for them it wasn't under my maiden name. And the address they sent the summons to is not associated with the company I worked for, although the company name was the same. I was very confused at this point so I looked up my name in my county's court search and found I had been given a default judgement on an old store credit card back in 2012. I had no idea this had happened. Since then, I've just sort of been keeping my eye on the situation via the case search website. It's passed the 45 day mark the company had to respond to the continuing garnishment and has been sitting at pending for a couple weeks with no updates.

So here are my questions: In GA the statute of limitations on enforcing a judgement is 7 years. It was over seven years when they sent the summons to my old company. But there's also a law that if the creditor doesn't renew the judgment within seven years they have another three years to do it? Which I don't understand. Why don't they just make it ten years and then the judgement is unenforceable if it isn't renewed? What do they have to do within that three year grace period that they didn't already do in the first seven? I can't find any clear information on that. So my first recourse would just be tell them to stop because it's expired but I need to make sure it actually is, first.  

My next question, should I just ignore this? They obviously don't have my current name and address, or any idea where I've  worked. But I do hope to be getting a job within the near future and I don't want them to figure out their crap and then come after me again.

Last question, should I go after Midland for this? They're trying to enforce an apparently unenforceable judgement and going about it in a terribly uninformed way. They're throwing punches in the dark and although it's not done any damage to me, I know there are a ton of people out there who haven't been so lucky. If there's any sort of legal trouble I could get them in with this situation I'm willing to take one for the team and expose myself (reveal my current name and address) if it will cause any sort of dent in their heavy handed collection practices.

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1) They probably have to petition the court to renew the judgement and when they do, it will be good for another 7 years. If you try to argue that they cannot collect on the garnishment because of the 7 year rule, they will do renew the judgement and I am sure the courts routinely grant thee petitions unless you can prove that the 3 year grace period has ended. The idea of renewal is to restart the clock and my creditors do that. That is why it is no a 10 years then done deal.

2) You probably will not get a job until Fall at this point due to the current financial issues in this country. No one will really know until Fall where things land. Beyond that, they could watch your SSN and try again. That is probably what happened here. You got a 1099-MISC and it had shown up in your credit reports or some other report and they tried to garnish. You can ignore at this point.

3) Midland really did not do anything wrong other than not renew the judgement. The judge will most likely tell them to stop trying to do garnishments before renewing judgements. Especially in Georgia which is a creditor friendly state. Midland can also claim bona fide error and the judge will probably accept that.

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1 hour ago, WhoCares1000 said:

Especially in Georgia which is a consumer friendly state.

I think you mean creditor friendly.  GA makes it very easy to sue a consumer and collect.  It is why Cooling and Winter aka Freddie Hanna get away with the stuff they do.

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