What is the statute of limitations on a wage garnishment?
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What is the statute of limitations on a wage garnishment?
I did a voluntary repossession of an automobile through a bank 10 years ago. They sold it at auction and received all but around $6,000 or so. They sent me a letter as to what they sold it for. I have never received anything since then until this year (wage garnishment letter) for the $6,000 plusanother $6,000 interest from the 10 years. I don’t feel I’m responsible to pay for the interest since they held on to it and then decided to take action at the last minute. What can be done?
Asked on July 21, 2011 West Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are no statute of limitations for a wage garnishment which is a process to collect on an outstanding judgment.
There are laws in many States as to how long a judgment against a person is valid unless it is renewed. Most States allow a judgment to be good for up to ten years. If the judgment is more than ten years and has not been renewed by the judgment creditor through court filings and an order for its renewal, then there is a chance that the judgment has expired ind has no force and affect.
You need to see how when the judgment was actually entered against you, check to see how long a judgment is good for in the State you live in if it is not renewed and if the judgment was renewed against you.
From this information you can evaluate the chances of success in opposing the claims for payment against you.
Good luck.
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