Can a debt collector garnish your wages on a debt that is past the statute of limitations?

Question

They have never provided my fiance with proof of what was owed and from our records, it isnt even half of what they say is owed. Now they sent us a letter about 8 months letter with a granishment paper supposedly from the courts in our area. can they do that without going to court or anything?

Answer 1

You should check with the court clerk to see if a judgment was filed in your name(s).

If there is a judgment, go in person and ask the court clerk for a "full" copy of the file - be sure it includes the service papers. Look over the service papers to see if they had properly served you according to your states service laws.

If there is no judgment filed, or no suit currently filed - speak with an attorney and sue them.

You should also find out what the expemption statutes are for your state.

If you/your fiance (whoever was allegedly sued) were served properly and failed to answer the summons/complaint, they probably got a legal default judgment.

If there was a suit filed, they may have filed before the collecting SOL expired. Or they may have filed after (it happens) IF you were properly served and failed to protect your rights by fighting it, it would be a legal judgment.

IF you were not properly served (sewer service) and you never had the opportunity to protect your rights, you may be able to have the judgment vacated - but there is generally a time limit (usually one year) to file to vacate a judgment for improper service.

edited to include a link for you to look up your states rules of service:
http://www.megalawserve.com/states/rules.php

Answer 2

Check with the courts in your area to see if there is a judgment against you. If not, it might be just a bluff on their part in order to scare you into paying.

In order to garnish your wages, the collection agency needs
to go to court and get a judgment against you.

It is possible that they will take you to court after the statute of limitation has past. In that case you must answer the lawsuit. You have an affirmative defense and the court should dismiss the case.

Answer 3

No, they cannot garnish your wages without first going to court and then getting a judgment. Check with your county or disrict court to see if a case was actually filed. If it has not been filed or granted then you have this collection agency on many FDCPA violations and I would start filing complaints with the BBB, the FTC and the American Collectors Association. Consider getting a lawyer.